2025 (11) TMI 398 - AT - Income Tax

Cash deposits proven as trading receipts; additions under Section 68 and unexplained credits under Section 115BBE deleted

ITAT upheld the appeal of the assessee and deleted additions under section 68 and unexplained credit under section 115BBE. The Tribunal found cash ... Addition u/s 68 - unexplained cash deposits - direct nexus between cash deposit and trading receipt - As argued nature and source of cash deposits is fully corroborated from sales already accounted for as trading receipt and quantitative details of stock, there is no case of any unexplained cash deposits - nature of the business of the assessee is trading of gold, diamond and silver jewellery through his proprietorship concern HELD THAT:- Total percentage of cash deposit during AY 2016-17 is 91.67% compared to in the current AY which is 91.34%. The increase in sales during demonetization period is cogent with the fact that the festival period of Diwali falls on the same period i.e. 30.10.2016. Considering the fact and particulars available on record, we observe that the factual matrix in the case of S. Balaji Mech-Tech (P.) Ltd. [2024 (12) TMI 490 - ITAT DELHI] are same and coordinate Bench dealt with this issue elaborately held all the purchase and sales are properly recorded in the books and also substantiated by the information submitted before the GST officials and relevant quarterly reports. There is absolutely no discrepancies found by the lower authorities either in the stock registers submitted or quarterly reports submission before the GST authorities. When the assessee gives any reply or submission or any documents to the Assessing Officer, it is duty of the Assessing Officer to examine the same in the light of the available evidence. In the present case the Assessing Officer and the ld CIT(A) have concluded the findings on the basis of conjectures and surmises. The Assessing Officer has to establish the link between the evidence collected by him and the addition to be made. The entire case has to be dependent on the Rule of evidence, the assessee in this case explained the source of bank deposits are from cash sales. The Assessing Officer proceeded to disbelieve the explanation of the assessee on the presumption basis without bringing the corroborative material on record. The Assessing Officer is required to act fairly as reasonable person and not arbitrarily capriciously. The assessment should have been made based on the adequate material and it should stand on its own leg. The Assessing Officer without examining any parties to whom the goods are sold by the assessee, came to conclusion that the sales are not genuine, without even rejecting the books of account which is in our opinion is erroneous.Decided in favour of assessee. Unexplained cash credit u/s 68 read with section 115BBE - assessee has taken advances from its customers - Assessee filed paper book with the submission that assessee has considered the same as sales in the subsequent assessment year and assessee has filed relevant papers before ld. CIT (A) and has considered the same and verified on sample basis, found it to be in order. Therefore, the abovesaid documents were found to be trading receipt and there is no basis to treat the same as unexplained credit in its books of account. Ld. CIT (A) having co-terminus power has verified the abovesaid information submitted before him and found the same in order, therefore, we do not see any reason to disturb the same. Accordingly, ground no.3 raised by the Revenue is dismissed. ISSUES PRESENTED AND CONSIDERED 1. Whether cash deposits of Rs. 5,34,50,000 made during the demonetisation period can be treated as unexplained cash credit and added to income under section 68 read with section 115BBE when such deposits are reflected as cash sales in the assessee's books and supported by VAT returns and trading records. 2. Whether advances of Rs. 35,75,988 received from customers and shown in books - later adjusted as sales in subsequent year and sample-verified - can be treated as unexplained cash credit under section 68 read with section 115BBE in absence of confirmations from parties. 3. Whether provisions of section 69A (money found not recorded in books) and the deeming provisions of section 68/115BBE can be invoked when the assessee has recorded the receipts as trading sales in audited books and the books have not been rejected under section 145. 4. What evidentiary onus lies on revenue and on assessees in cases of alleged bogus sales: requirement (if any) to produce KYC/confirmations of customers for routine cash sales (particularly below Rs. 2 lakh) and the relevance of surrounding circumstances such as pattern of business, stock movement, gross profit consistency and VAT acceptance. ISSUE-WISE DETAILED ANALYSIS Issue 1 - Treatment of demonetisation-period cash deposits as unexplained cash credit under s.68 read with s.115BBE Legal framework: Section 68 treats unexplained cash credits as income unless the assessee proves identity, genuineness and source. Section 115BBE prescribes special tax treatment for unexplained credits. Section 69A applies to money found and not recorded in books. Precedent treatment: The AO relied on decisions accepting circumstantial inferences (references to Sumati Dayal and Durga Prasad More) to treat deposits as unexplained. The CIT(A) and Tribunal relied on coordinate decisions (Fine Gujranwala Jewellers, Agson Global, J.R. Rice India, S. Balaji Mech-Tech) that have refused to invoke s.68/69A where receipts were recorded as trading sales, corroborated by VAT/GST records and unimpeached books. Interpretation and reasoning: The Court examined contemporaneous documentary matrix - takeover of business, VAT registration timeline, month-wise sales and cash deposit charts (showing cash-dominant trade historically), audited books, stock reconciliations, gross profit and net profit ratios across relevant years, and VAT returns/assessments. It held that where receipts are reflected in books as sales and corroborated by other statutory records (VAT returns, stock movement, no rejection under s.145), mere large deposits during demonetisation do not automatically render them unexplained. The Court emphasized that s.69A applies to money 'found' and not recorded; it is inapposite where cash sales are already recorded. The Tribunal noted absence of direct adverse material - no evidence of pre-dating invoices, no abnormal profit, no negative stock movement, and acceptance of sales by VAT authority - which made AO's inference speculative. The Tribunal also accepted business-specific reality (jewellery trade with high cash turnover; festival season effect) as cogent explanation for higher cash receipts in the period, supported by comparative historical data showing similar cash percentages (~85-92%). Ratio vs. Obiter: Ratio - where receipts are recorded in books as trading sales, corroborated by independent statutory records (VAT returns) and without rejection of books under s.145, s.68/69A cannot be invoked merely because cash deposits are large; revenue must produce direct/adverse evidence to displace recorded sales. Obiter - observations on human behaviour during demonetisation and possible customer conduct (buying to get rid of SBNs) are explanatory but not decisive precedent. Conclusion: Addition of Rs.5,34,50,000 under s.68 read with s.115BBE deleted - deposits held to represent genuine cash sales corroborated by books, VAT returns and stock movement; no material to treat them as unexplained. Issue 2 - Advances from customers treated as unexplained under s.68 Legal framework: Section 68 applies to any sum credited in the books as an unexplained cash credit; revenue must show that identity/genuineness/source are not proved. Precedent treatment: The first appellate authority and Tribunal relied on verification practice and case law indicating that advances which are subsequently accounted as sales and substantiated by corroborative documents need not be treated as unexplained. The Tribunal cited sample-verification approach and coordinate decisions rejecting arbitrary additions absent adverse material. Interpretation and reasoning: AO rejected advances for lack of confirmations. On appeal, assessee produced records showing those advances were adjusted as trading receipts in subsequent year; CIT(A) performed sample checks and found documentation in order. Tribunal accepted that when advances are reflected as trading receipts and verified, the onus to treat them as unexplained is not discharged by AO merely because confirmations were not filed. The Tribunal noted that the onus to displace trading characterization lies on revenue and must be supported by concrete contrary material, not mere absence of confirmation letters. Ratio vs. Obiter: Ratio - advances recorded in books and subsequently realized as sales, when supported by documentary trail and sample verification, are not unexplained credits under s.68 merely for lack of party confirmations. Obiter - procedural expectations regarding confirmations in every case are impractical for routine trading advances. Conclusion: Addition of Rs.35,75,988 under s.68 read with s.115BBE deleted - advances accepted as trading receipts after verification; no basis for unexplained credit treatment. Issue 3 - Applicability of s.69A and interplay with recorded sales and unrejected books (s.145) Legal framework: Section 69A applies to money found and not recorded in books; section 145 governs adoption/rejection of books. Precedent treatment: Coordinate decisions (J.R. Rice India, Fine Gujaranwala) held that s.69A and s.68 cannot be invoked where books record the transaction and are not rejected under s.145; revenue must show that explanation is unsatisfactory and money is unrecorded. Interpretation and reasoning: Tribunal emphasized textual scope of s.69A - it targets unrecorded cash found with the assessee. Where cash sales are already recorded in books, and books are not rejected under s.145, the condition precedent for s.69A is absent. Tribunal observed that AO did not reject books nor point to stock/purchase discrepancies; hence invoking s.69A (or treating recorded sales as unexplained under s.68) was impermissible. Ratio vs. Obiter: Ratio - s.69A is inapplicable where receipts are recorded in books and books are not rejected; invocation requires money 'found' outside books and an unsatisfactory explanation. Obiter - policy observations on assessment practice during demonetisation. Conclusion: Provisions of s.69A and s.68/115BBE cannot be invoked in the facts; CIT(A) and Tribunal correctly declined to apply them where books and VAT records corroborated the sales. Issue 4 - Burden of proof, requirement for customer KYC/confirmations, and relevance of VAT/GST corroboration Legal framework: Under s.68 the assessee bears initial onus to explain identity/genuineness/source; thereafter burden shifts to revenue to show explanation is unsatisfactory. Statutory or evidentiary requirements (e.g., KYC/confirmations) are not absolute for routine cash sales, and threshold for detailed customer data arises in specific statutory contexts (e.g., transactions above prescribed monetary limits). Precedent treatment: Tribunal relied on decisions holding that routine cash sales below prescribed limits do not obligate maintenance of exhaustive buyer KYC or confirmations and that VAT/GST acceptance of sales is strong corroboration. Interpretation and reasoning: Tribunal held that where sales invoices are for amounts typically below thresholds (e.g., Rs.2 lakh) and business customarily transacts in cash, insisting on confirmations or KYC for every small sale is impractical. Moreover, independent corroboration by VAT returns and absence of adverse findings by VAT authorities weigh in assessee's favour. Revenue must therefore produce affirmative evidence of bogus transactions to override recorded books. Ratio vs. Obiter: Ratio - revenue cannot treat routine cash sales as unexplained solely because confirmations/KYC are not produced when sales are recorded in audited books and corroborated by tax authorities; onus remains on revenue to produce contrary material. Obiter - comments on practicality of maintaining customer details for low-value retail transactions. Conclusion: Burden of proof rests on revenue to rebut recorded sales; absence of confirmations for small cash bills is not fatal where books, stock reconciliation and VAT records corroborate genuineness. Overall Conclusion The Tribunal upheld the deletions by the first appellate authority: the addition under section 68 read with section 115BBE of Rs.5,34,50,000 (cash deposits) and Rs.35,75,988 (advances) were deleted because receipts were recorded as trading sales in audited books, corroborated by VAT returns and stock movement, there was no rejection of books under section 145, and revenue produced no direct or adverse material to show bogus transactions. Provisions of sections 68/69A/115BBE were held inapplicable on facts; revenue appeal dismissed.