2025 (11) TMI 1389 - AT - Income Tax

Appeal partly allowed; Section 68 r.w.s. 115BBE addition deleted, profit estimated at 15% on purchases

ITAT Jaipur partly allowed assessee's appeal on addition u/s 68 r.w.s. 115BBE for alleged unexplained cash deposits and bogus purchases. AO had accepted ... Addition u/s 68 r.w.s 115BBE - Unexplained source of cash deposits - Allegation of bogus purchases - HELD THAT:- As is evident from the record that while verifying the source of cash deposit ld. AO asked for the details of the sales and purchases. The assessee supported the sales proceeding by placing the records such as cash book, bank books, stock record, purchase and sales bill and also filed the records of the his value added tax return wherein the sales made by the assessee recorded and thereby we note that there is no finding of the ld. AO that the proceeds of the sales accounted by the assessee can be doubted. But in fact he doubted the purchases made by the assessee. Be that it may so he could have added the same under section 69C of the Act but preferred to add the proceeds of the sales u/s. 68 of the Act. The bench noted that the ld. AO while doubting the purchase of the three parties only one party he confronted a person he said that he was not aware. But the ld. AO has not verified that in this case payment has been by an account payees and in two other cases no adverse finding recorded. Record reveals that while issuing notice u/s 133(6) to Commercial tax department, Jaipur details were called for the three parties and only persons statement was recorded. In the case of M/s Pragati Gems & Jewels СТО, Jaipur has submitted KYC form and no further action was taken and another case where the that party did not file the return on account of cancellation of their TIN number. So, it is not clear that parties were existing or not. Be that it may since the sales is not doubted by the ld. AO and turnover has already been accepted by the ld. AO and thereby the only issue is that whether the purchases made by the assessee are tainted as alleged. AO and the ld. CIT(A) doubted the purchases only and thereby being no doubt on the sales made by the assessee and thereby we hold that the assessee has already disclosed profit under presumptive taxation at 12.46 % and thereby we held that instead of that 12.46 % profit, the profit @ 15 % be estimated so as to cover up any price escalation on the issue of tainted purchase as trading addition reducing profit already disclosed - ground no. 1 & 2 raised by the assessee are allowed in part. 1. ISSUES PRESENTED AND CONSIDERED 1. Whether cash deposits of Rs. 44,61,000 made during the demonetisation window (09.11.2016-30.12.2016) in a jewellery trader's bank account can be treated as unexplained credit under section 68 when the assessee claims they are proceeds of cash sales supported by books of account, sales bills and VAT records. 2. Whether alleged purchases from certain suppliers (used to explain cash position) are bona fide or proved bogus by departmental inquiries (statements under section 131 and reports under section 133(6)), and the effect of such findings on the genuineness of corresponding sales and bank deposits. 3. Whether, given the above facts, application of the deeming/taxation provisions invoked (treatment under section 68 read with section 115BBE) was legally sustainable, and whether the assessee's reliance on earlier judicial decisions to claim deletion of additions was distinguishable. 2. ISSUE-WISE DETAILED ANALYSIS Issue 1 - Treating demonetisation-period cash deposits as unexplained credit under section 68 Legal framework: Section 68 cast the onus on the taxpayer to prove the identity, genuineness and creditworthiness of the source of credits in the books; where the onus is not discharged the credit can be treated as unexplained. The Tribunal also considered provisions governing taxation of unexplained income and the relevant charging provisions applied by the revenue. Precedent treatment: The Tribunal relied on higher court authorities permitting consideration of human probabilities and surrounding circumstances to test genuineness of transactions and on principles that colourable devices cannot be accepted as legitimate tax planning. The Tribunal acknowledged that some precedents recognise acceptance of cash sales where corroborative evidence exists but treated those decisions as fact-sensitive and distinguishable where both purchases and sales are tainted. Interpretation and reasoning: The Tribunal analysed documentary and circumstantial material: abnormal spikes in cash sales and bank deposits (percentage increases compared to prior period), concentration of sales in October-November 2016, absence of customer KYC/PAN/addresses for high-value jewellery sales, lack of credible stock movement or corroborative third-party confirmations, and retention of large cash balances prior to demonetisation. On the balance of probabilities the Court held that these features were inconsistent with genuine jewellery retailing transactions and supported the conclusion that deposits represented unexplained money disguised as sales. Ratio vs. Obiter: Ratio - where (a) cash deposits evidence an abnormal and unexplained spike, (b) no credible third-party corroboration exists for claimed customers, and (c) purchases or suppliers are themselves suspect, the onus under section 68 is not discharged and the credits may be treated as unexplained. Obiter - general observations on demonetisation context and business practices during festival seasons, emphasizing human probability, while used decisively here, are fact-sensitive and not a blanket rule. Conclusions: The Tribunal upheld the finding that Rs. 44,61,000 remained unexplained under section 68 and sustained the addition, concluding the assessee failed to discharge the statutory onus to prove genuineness of the deposits as proceeds of cash sales. Issue 2 - Effect of departmental inquiries and supplier statements on genuineness of purchases and corresponding sales Legal framework: Statements recorded under section 131 and information obtained under section 133(6) are admissible material to test the veracity of claimed transactions; once a supplier denies transactions and tax/registration records contradict claimed dealings, the assessee must produce corroborative evidence (confirmations, bank statements of suppliers, ITRs, VAT returns, stock registers) to rebut departmental findings. Precedent treatment: The Tribunal reiterated that the threefold test under section 68 (identity, genuineness and creditworthiness) applies; prior decisions accepting cash sales where purchases/sales were otherwise unchallenged are distinguishable. The Tribunal noted authorities holding that suspicion alone cannot substitute evidence, but also authorities permitting reliance on human probabilities and circumstantial evidence where records and third-party verification are adverse. Interpretation and reasoning: The Tribunal examined (a) the recorded sworn statement of one proprietor denying any jewellery business, (b) commercial tax department returns showing closures/cancellations or no returns filed, and (c) failed service attempts on summons. It found the confirmations and bills produced by the assessee lacked dates, signatures, or independent corroboration. The assessee's failure to seek cross-examination and to supply standard corroborative materials weighed against the genuineness of purchases. The Tribunal observed that banking channel payments do not, by themselves, establish genuineness if the counterparty is non-existent or transactions lack commercial substance. Ratio vs. Obiter: Ratio - where suppliers are shown to be non-existent or their records contradict claimed transactions and the assessee fails to produce corroborative proof or seek cross-examination, the purchases can be held bogus and disentitle the assessee from relying on those purchases to explain cash deposits. Obiter - emphasis that service failures or administrative lacunae in supplier records may be explained in other contexts; each case depends on totality of evidence. Conclusions: The Tribunal concluded that key purchases were proved bogus by departmental enquiries and supplier denial, and that the assessee failed to rebut these findings with adequate corroboration; this materially undermined the explanation that bank deposits derived from genuine sales sourced from those purchases. Issue 3 - Appropriateness of invoking section 115BBE and the assessee's contention of double taxation and reliance on precedents accepting cash sales Legal framework: Section 115BBE (as applied by the assessing authorities) prescribes taxation rules for unexplained income in certain heads; the Tribunal considered whether the unexplained credit fell to be taxed under the relevant provisions once treated as unexplained under section 68. It also applied principle that once assessee fails to discharge onus, revenue may draw conclusions based on preponderance of probabilities. Precedent treatment: The Tribunal distinguished precedents relied on by the assessee where purchases were not disputed, books were not rendered unreliable, or third-party corroboration existed. The Tribunal followed authorities allowing inference from circumstantial evidence and human probability when direct proof is absent or contradictory. Interpretation and reasoning: The Tribunal rejected the argument of double taxation where the revenue demonstrated that the base transactions and supporting purchases were unreliable; it held that acceptance of some sales entries in turnover does not preclude treatment of other cash deposits as unexplained where the foundational purchases and customer identities are shown to be fabricated or unverifiable. The Tribunal further held that the special taxing provision could be invoked once credits were found unexplained under section 68. Ratio vs. Obiter: Ratio - when credits are held unexplained under section 68 on cogent material, resultant taxation under the appropriate charging provisions is sustainable; reliance on precedents favourable to the assessee is permissible only where factual matrix aligns (genuine suppliers, verifiable customers, reliable records). Obiter - comments on applicability of specific taxation sections to different heads of income (business v. other sources) are contextual and were not treated as overriding legal dicta in all cases. Conclusions: The Tribunal found the invocation of the taxation provisions consequent to a valid section 68 finding sustainable; the assessee's precedents were distinguishable on facts and did not overturn the conclusion that deposits were unexplained and taxable as determined. Overall Disposition The Tribunal, after weighing documentary evidence, supplier statements, departmental verifications, and surrounding commercial probabilities, concluded that the assessee failed to discharge the onus under section 68; purchases relied upon were tainted, sales and deposits lacked adequate third-party corroboration, and the addition of Rs. 44,61,000 as unexplained credit (with consequent taxation) was upheld in part and the appeal was partly allowed only to the extent necessary to estimate profit rate; the principal addition on the demonetisation-period deposits was sustained.