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    <title>2025 (12) TMI 593 - ITAT BANGALORE</title>
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    <description>Section 68 could not be applied where the assessee had not maintained books of account, because the statutory pre-condition is that the sum must be found credited in the assessee&#039;s books for the relevant previous year. On the stated facts, the assessment record proceeded on the basis that no books existed, so the addition for cash deposits lacked the legal foundation required under section 68. The deposits were also linked to statements recorded during survey and search proceedings, including an explanation that the cash came from unaccounted sources, which did not cure the absence of books. The addition was therefore unsustainable and the assessee succeeded on this issue.</description>
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      <link>https://www.taxtmi.com/caselaws?id=783053</link>
      <description>Section 68 could not be applied where the assessee had not maintained books of account, because the statutory pre-condition is that the sum must be found credited in the assessee&#039;s books for the relevant previous year. On the stated facts, the assessment record proceeded on the basis that no books existed, so the addition for cash deposits lacked the legal foundation required under section 68. The deposits were also linked to statements recorded during survey and search proceedings, including an explanation that the cash came from unaccounted sources, which did not cure the absence of books. The addition was therefore unsustainable and the assessee succeeded on this issue.</description>
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