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ITAT upheld the CIT(A)'s deletion of additions under s.68, holding that cash deposits asserted to be cash sales and cash advances were recorded in the assessee's regular books, not rejected by the AO, and corroborated by VAT returns; absent independent, corroborative evidence, the AO's disbelief based on the volume of invoices was conjectural and insufficient to convert recorded receipts into unexplained cash credits. The Tribunal also affirmed the CIT(A)'s partial deletion of additions under s.40A(3): cash payments for gold purchases made on a Sunday (holiday) were accepted on the facts, while unexplained cash purchases on non-holidays remained disallowed. Revenue's appeals were dismissed.
ITAT upheld the CIT(A)'s deletion of additions under s.68, holding that cash deposits asserted to be cash sales and cash advances were recorded in the assessee's regular books, not rejected by the AO, and corroborated by VAT returns; absent independent, corroborative evidence, the AO's disbelief based on the volume of invoices was conjectural and insufficient to convert recorded receipts into unexplained cash credits. The Tribunal also affirmed the CIT(A)'s partial deletion of additions under s.40A(3): cash payments for gold purchases made on a Sunday (holiday) were accepted on the facts, while unexplained cash purchases on non-holidays remained disallowed. Revenue's appeals were dismissed.
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