2025 (6) TMI 901 - AT - Income Tax

Cash Deposit Dispute Resolved: Tribunal Cuts Tax Liability from Rs. 28.8L to Rs. 3.88L, Limits Section 115BBE Retrospectively

Neha Singh Versus Income Tax Officer, Ward 72 (1), Delhi

Tribunal partially allowed the appeal involving cash deposits during demonetization. The Rs. 28,80,000 addition was reduced to Rs. 3,88,000, reflecting ... Cash deposited in bank account during demonetization period from undisclosed sources - as per AO sources were neither properly explained, the onus is on the assessee’s not proved - HELE THAT:- No reason to accept either parties stand in entirely. This is for the precise reason that neither the assessee has been able to properly explain the source of full cash deposits nor the department could simply brush aside all the relevant evidences at one go. Tribunal is of the considered view that in these peculiar facts, it is deemed appropriate in the larger interest of justice to confirm the impugned addition of Rs. 28,88,000/- to Rs. 3,88,000/- only with a rider that the same shall not be as a precedent. The assessee gets relief of Rs. 25,00,000/- in other words. Necessary computation shall follow as per law. Assessment u/s. 115BBE - in view of Hon’ble Madras High Court in SMILE Microfinance Ltd.[2024 (11) TMI 1444 - MADRAS HIGH COURT] has already settled the issue against the department that the law applies to the transaction on or after 01.04.2017 only. 1. ISSUES PRESENTED and CONSIDEREDThe core legal questions considered by the Tribunal in this appeal are:Whether the addition of Rs. 28,80,000/- on account of cash deposits made during the demonetization period, treated as income from undisclosed sources under section 115BBE, was justified in the absence of satisfactory explanation of the source of cash by the assessee.Whether the assessee's explanation that the cash deposits were from accumulation of savings by her mother and sister, supported by documentary evidence, was sufficient to rebut the presumption of undisclosed income.The applicability and scope of section 115BBE of the Income Tax Act, specifically whether it applies to transactions prior to 01.04.2017.Whether the delay of 48 days in filing the appeal before the Tribunal was liable to be condoned.2. ISSUE-WISE DETAILED ANALYSISDelay in Filing AppealThe Tribunal noted a delay of 48 days in filing the appeal. Upon hearing, the assessee attributed reasonable cause for the delay. Exercising discretion, the Tribunal condoned the delay, allowing the appeal to be heard on merits. This is consistent with established principles that delay should be condoned where sufficient cause is shown, ensuring substantial justice.Addition of Rs. 28,80,000/- as Income from Undisclosed SourcesRelevant Legal Framework and Precedents: The addition was made under section 115BBE, which mandates a 60% tax on income from undisclosed sources, including unexplained cash deposits. The burden lies on the assessee to satisfactorily prove the source of cash deposits to avoid addition. The AO and CIT(A) relied on the absence of credible linkage between the cash deposits and the known sources of the assessee's mother and sister.Court's Interpretation and Reasoning: The Tribunal carefully examined the submissions and evidences presented by the assessee, which included extensive documentation such as income tax returns from AY 2011-12 to AY 2017-18, bank account statements of the assessee and her sister, salary details, and transaction summaries. The assessee contended that the cash belonged to her mother and sister, representing accumulated savings, and was returned to the mother after opening a bank account in her name.Despite this, the AO and CIT(A) found the explanation unsatisfactory, primarily because the source of such large cash holdings was not convincingly linked to the income of the mother and sister. The Tribunal acknowledged that neither party's stance was entirely acceptable: the assessee failed to fully prove the source of the cash, while the Revenue could not disregard the voluminous evidence presented.Key Evidence and Findings: The Paper Book submitted by the assessee contained comprehensive financial records, including bank statements and salary details, which demonstrated a consistent flow of income and transactions over several years. However, the Tribunal noted that the linkage between these records and the cash deposits during demonetization was not conclusively established.Application of Law to Facts: Given the peculiar facts, the Tribunal exercised its equitable jurisdiction to reduce the addition from Rs. 28,88,000/- to Rs. 3,88,000/-, thereby granting relief of Rs. 25,00,000/- to the assessee. This reduction was made with a rider that the decision shall not be treated as precedent, reflecting the Tribunal's recognition of the unique circumstances and balancing the interests of justice.Treatment of Competing Arguments: The Tribunal balanced the Revenue's insistence on strict proof of source with the assessee's substantial documentary evidence. While it did not fully accept the assessee's explanation, it also did not endorse the entire addition, thereby adopting a middle path.Conclusions: The addition was partly confirmed but significantly reduced, reflecting the Tribunal's nuanced approach in cases involving cash deposits during demonetization where evidentiary challenges exist.Applicability of Section 115BBERelevant Legal Framework and Precedents: Section 115BBE imposes a special tax rate of 60% on income from undisclosed sources, but its applicability is limited to transactions occurring on or after 01.04.2017.Court's Interpretation and Reasoning: The Tribunal relied on the authoritative decision of the Hon'ble Madras High Court in SMILE Microfinance Ltd. vs. ACIT, which clarified that section 115BBE applies only to transactions on or after 01.04.2017. This precedent was binding and settled the legal question against the department's broader application of the provision.Application of Law to Facts: Since the cash deposits in question related to the demonetization period (late 2016), the Tribunal held that section 115BBE could not be applied retrospectively to transactions prior to 01.04.2017. This ruling limited the department's ability to tax the addition at the special rate.Conclusions: The Tribunal ruled in favor of the assessee on this issue, disallowing the retrospective application of section 115BBE to the cash deposits made during demonetization.3. SIGNIFICANT HOLDINGSThe Tribunal held:'Neither the assessee has been able to properly explain the source of full cash deposits nor the department could simply brush aside all the relevant evidences at one go. Be that as it may, the tribunal is of the considered view that in these peculiar facts, it is deemed appropriate in the larger interest of justice to confirm the impugned addition of Rs. 28,88,000/- to Rs. 3,88,000/- only with a rider that the same shall not be as a precedent.'This pronouncement establishes the principle that in cases involving cash deposits during demonetization, where evidentiary gaps exist on both sides, the Tribunal may exercise equitable discretion to moderate additions rather than uphold them in full or reject them outright.Further, the Tribunal reaffirmed the legal principle from the Madras High Court ruling that section 115BBE applies only to transactions on or after 01.04.2017, thereby limiting the scope of this provision and protecting taxpayers from retrospective application.Finally, the Tribunal's condonation of delay underscores the importance of allowing appeals to be heard on merits when reasonable cause is shown, ensuring procedural fairness.