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Income Tax

Demonetisation Cash Deposits Taxed Due to No Business Necessity

Case Law Details

TaxGuru Citation
2026 taxguru.in 1831
Case Name
Ohm Developers Vs ACIT (ITAT Ahmedabad)
Date of Judgement/Order
Only available for paid members
Related Assessment Year
2017-18
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Ohm Developers Vs ACIT (ITAT Ahmedabad)

Demonetisation Cash Deposits Upheld as Unexplained: ITAT Ahmedabad Confirms Section 68 Addition for Lack of Business Necessity

The Ahmedabad Bench of the ITAT dismissed the assessee’s appeal and upheld the addition of ₹1.72 crore under Section 68 in respect of cash deposits made during the demonetisation period (AY 2017-18). The assessee, a construction firm, claimed that the deposits were sourced from earlier cash withdrawals from disclosed bank accounts. Both the AO and the CIT(A) found the explanation unsatisfactory, noting continuous withdrawals despite availability of cash, absence of any cogent or contemporaneous business need for accumulating large idle cash, and lack of nexus between withdrawals and redeposits.

The Tribunal affirmed these concurrent findings, holding that mere availability of prior withdrawals does not automatically explain subsequent deposits unless the assessee proves that the withdrawn cash remained unutilised and was available for redeposit, tested on the touchstone of human probabilities. Vague explanations such as future tax payments or partner disputes, without evidence, were rejected. Relying on settled law, including the Supreme Court’s principle that explanations must be satisfactory and credible, the ITAT found no infirmity in the CIT(A)’s order and dismissed the appeal.

FULL TEXT OF THE ORDER OF ITAT AHMEDABAD

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Author Info

CA Vijayakumar Shetty
Qualification: CA in Practice
Company: Shetty & Co, Chartered Accountants, Mangalore
Location: Mangalore, Karnataka
Articles Published: 7,020

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