2025 (9) TMI 427 - AT - Income Tax

Additions under section 69A and tax under section 115BBE struck down where audited books and evidence accepted

Gauri Sankar Mondal Versus ITO, Ward 42 (1), West Bengal

ITAT KOLKATA - AT held that additions under section 69A and taxation under section 115BBE arising from cash receipts during the demonetization period were ... Addition u/s 69A - cash deposit during demonetization period - only objection of the AO was that the sales consideration were not received in legal tender as the specified bank notes (SBNs) were not legal tender after 09.11.2016 and therefore, he added to the income of the assessee and brough to tax u/s 115BBE of the Act at 60% HELD THAT:- We note that the assessee’s books of accounts have been duly audited and all these information’s were before the AO along with the necessary evidences / details etc. AO added the same sales for the second time when the addition was made on account of unexplained money u/s 69A of the Act, which is contrary to the provisions of the Act. In our opinion, the same amount cannot be subject to tax for two times. We note that even the books of account of the assessee have not been rejected before making the said addition. In our opinion it is not the job of the AO to see whether the sales were made in terms of legal tender and it is in fact for Reserve Bank of India to take the action for the said violation of receiving the sales consideration in nonlegal tender post 09.11.2016 as the assessee has received the money in non-legal tender in SBN, in violation of the RBI Circular. Assessee appeal allowed. ISSUES PRESENTED AND CONSIDERED 1. Whether cash deposits in specified bank notes (SBNs) accepted during the demonetisation period and recorded as cash sales in audited books can be treated as 'unexplained money' and added to income under section 69A when the assessee has explained the source as trading receipts and the Assessing Officer has accepted sales in the assessment record. 2. Whether contravention of Reserve Bank of India (RBI) notifications/ circulars (acceptance of SBNs after 09.11.2016) renders amounts received thereby taxable as unexplained income under the Income-tax Act, or whether such contraventions are matters for the competent monetary authority and not determinative for income tax additions under section 69A/section 68. ISSUE-WISE DETAILED ANALYSIS Issue 1 - Addition under section 69A for SBN deposits recorded as cash sales Legal framework: Section 69A addresses unexplained money found from the books, allowing the Assessing Officer to make additions where money is found and its source is not satisfactorily explained. The assessment process also contemplates acceptance or rejection of books of account; evidence in books, audited accounts and corroborative registers are relevant to determine whether an entry represents genuine trading receipt. Precedent treatment: The Tribunal relied on coordinate-bench decisions holding that deposits recorded in books as collected receipts/sales, appropriately evidenced and accepted by the Assessing Officer, cannot be treated as unexplained income under sections 68/69/69A merely because they comprise demonetised notes; Bangalore and Kolkata coordinate-bench orders were followed to that effect. Interpretation and reasoning: The Court examined the contemporaneous books (cash book for 08.11.2016-31.12.2016), audit records and the AO's own findings where the AO accepted that sales were made, VAT was collected and returns to VAT authorities were filed. The Tribunal emphasized that the same amount was already reflected and taxed once through acceptance of books; subsequently treating identical receipts as unexplained money and adding them again under section 69A would amount to double taxation and is contrary to the statutory scheme. The Tribunal also noted that the AO had not rejected the books before making the addition, undermining the basis for invoking section 69A. Ratio vs. Obiter: Ratio - Where trading receipts are recorded in audited books, the source is satisfactorily explained and accepted by the AO, identical receipts cannot be re-characterised as unexplained money under section 69A and subjected to fresh additions. Obiter - Practical considerations relating to agent collections and timelines of deposits (first three days of demonetisation) that may support genuineness of receipts were noted but are subsidiary to the core holding. Conclusions: The addition of the amount on account of SBN deposits treated as unexplained money under section 69A is unsustainable and was deleted. The Tribunal set aside the appellate order confirming the addition and directed deletion by the Assessing Officer. Issue 2 - Effect of RBI notifications/contravention on income-tax characterization Legal framework: RBI notifications declared SBNs to cease being legal tender w.e.f. 09.11.2016; separate statutory/regulatory remedies exist for contraventions of RBI directions. The Income-tax Act's provisions (sections 68/69/69A) focus on whether a receipt is satisfactorily explained as income of the assessee, not on whether a taxpayer complied with central bank regulations. Precedent treatment: Coordinate-bench decisions were followed which held that contraventions of RBI directives do not ipso facto convert recorded receipts into unexplained income for income-tax purposes; where section 68/69/69A evidentiary requirements are met, tax additions cannot be sustained based on the mere fact of non-compliance with RBI circulars. Interpretation and reasoning: The Tribunal reasoned that it is not the function of the Assessing Officer to enforce compliance with RBI notifications; any violation of RBI circulars is a matter for the competent monetary authority and does not automatically render the receipts unexplained under the Income-tax Act. The AO's assertion that SBNs ceased to be legal tender and thus the amounts were not 'money in legal tender' was held immaterial to the tax characterisation once sales were accepted, recorded, and included in income. The Tribunal emphasized that statutory cause of action for RBI violations lies with RBI/competent authority and cannot be converted into a tax addition when the statutory requirements for section 69A are not otherwise satisfied. Ratio vs. Obiter: Ratio - Violation of RBI notifications/circulars by accepting SBNs post the notified date does not, by itself, attract re-characterisation of amounts as unexplained income under the Income-tax Act where the taxpayer has satisfactorily explained and substantiated the receipts and the books have not been rejected. Obiter - The Tribunal observed that competent monetary authorities may take action for contraventions; such observations do not form part of the tax law ratio but provide practical context. Conclusions: The Tribunal held that contravention of RBI instructions is not a determinative ground to add deposits as unexplained income under section 69A when the assessee has explained the source and the books/accounts have been accepted; the proper forum for addressing RBI contraventions is the appropriate regulatory authority, not the Assessing Officer exercising income-tax powers. Cross-reference and final disposition Cross-references: Issue 1 and Issue 2 are interlinked - the deletion of the section 69A addition rested both on the fact that the receipts were recorded and accepted as trading income (Issue 1) and on the principle that non-compliance with RBI circulars does not automatically create unexplained income for income-tax purposes (Issue 2). The Tribunal expressly followed coordinate-bench authorities applying these principles. Disposition: The addition under section 69A was deleted and the appeal was allowed; a second issue raised became academic in view of the deletion.