When assessee has made surrenders in the previous years, then AO can not make addition by treating the cash deposited in banks as undisclosed

Mother son Jones Limited Vs ITO (ITAT Delhi)- Since the assessee has already surrendered Rs.30 lacs in the four assessment years, three of which are preceding assessment years and during relevant assessment year, the assessee has disclosed Rs. 6,30,000/-. The disclosure made by assessee in the earlier year has been accepted in toto. Thus, there was sufficient cash available to be deposited in the bank. The revenue has failed to establish that the amount disclosed in the survey was invested/ spent somewhere and the same was not available with the assessee to be deposited in the bank. Since the assessee has already disclosed more than Rs. 30 lacs which is sufficient to explain the cash deposited in bank, therefore, we find no merit in making the addition.

Mother son Jones Limited Vs Income Tax Officer

ITAT BENCH ‘E’ NEW DELHI

ITA No. 3355/Del/2010

Decided on: 24 June 2011

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