Rectification proceedings preserve concluded cash-deposit additions, while binding precedent restores interest chargeable on assessed income.
Miscellaneous proceedings cannot reopen concluded additions for unexplained cash deposits unless a patent mistake is apparent from the record. Where identity, creditworthiness and genuineness of alleged creditors remained unproved, the additions were not disturbed and the assessees' applications failed. A subsequent binding jurisdictional precedent holding that interest under section 234B is chargeable on assessed income displaced the basis for deleting interest under sections 234A and 234B. The departmental applications succeeded on the interest issue, producing an overall mixed outcome favouring Revenue.
Issues: (i) Whether the additions made on account of cash deposits in bank accounts were liable to be disturbed in miscellaneous proceedings under section 68 of the Income-tax Act, 1961; (ii) Whether the deletion of interest under sections 234A and 234B of the Income-tax Act, 1961 could be sustained in view of the later jurisdictional precedent.
Issue (i): Whether the additions made on account of cash deposits in bank accounts were liable to be disturbed in miscellaneous proceedings under section 68 of the Income-tax Act, 1961.
Analysis: The cash deposits had already been examined in the original appellate proceedings and the subsequent judicial determination had held that the assessees failed to establish the identity, creditworthiness and genuineness of the alleged creditors. The deposits were therefore treated as unexplained and the departmental challenge did not disclose any surviving mistake apparent from the record warranting recall or modification.
Conclusion: The additions relating to cash deposits were not liable to be reopened or disturbed, and the assessee's miscellaneous applications failed on this issue.
Issue (ii): Whether the deletion of interest under sections 234A and 234B of the Income-tax Act, 1961 could be sustained in view of the later jurisdictional precedent.
Analysis: The later binding decision of the jurisdictional High Court had held that interest under section 234B is chargeable on assessed income and had distinguished the earlier view relied upon by the Tribunal. In light of that subsequent precedent, the basis for deleting the interest did not survive.
Conclusion: The departmental miscellaneous applications succeeded on this issue and the deletion of interest under sections 234A and 234B was not sustainable.
Final Conclusion: The miscellaneous applications filed by the assessees were rejected, while the departmental miscellaneous applications were accepted, resulting in a mixed outcome in favour of the Revenue overall.
Ratio Decidendi: A miscellaneous application cannot be used to disturb a concluded finding on unexplained cash deposits absent a patent error, and a later binding jurisdictional decision on chargeability of interest under section 234B governs the matter.