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ITAT Indore deleted a ₹2 lakh addition for cash deposited during demonetisation, citing CBDT Instruction No. 3/2017 which bars verification for deposits up to ₹2.5 lakhs by individuals.
Delhi ITAT set aside income addition under Section 44AD, holding that Assessing Officer acted beyond his powers in a limited scrutiny case meant only for verifying cash deposits.
Understand Sections 234A, 234B, 234C, and 234D of the Income Tax Act covering interest on late filing, short payment, delayed advance tax, and excess refunds, including rates, calculation, and applicable periods.
Bombay High Court quashed reassessment proceedings initiated using data from a valid IDS declaration, holding that once accepted under the Income Disclosure Scheme, the Revenue cannot revisit or reassess the same income.
This ruling clarifies that cash deposits during the demonetization period cannot be taxed as unexplained money under Section 68 when they are fully reflected in the business’s accepted books and sales. The ITAT emphasized that the AO failed to reject the books of account under Section 145(3) before making the addition, thereby deleting the entire demand.
ITAT Rajkot confirmed that for a small trader opting for Section 44AD, the presumptive income covers the cash deposits related to the business cycle, making any separate addition for unexplained money (Section 69A) unjustifiable. The entire addition was deleted as the tax authorities acted on mere suspicion without bringing any contrary evidence to disprove the business nature of the deposits.
The ITAT ruled that a cash deposit addition under 69A of the Income Tax Act cannot stand if the source is accepted as business turnover and presumptive profit under Sec.44AD is declared. The tribunal accepted the taxpayers explanation of cash deposits from mobile phone sales, linking them to credit card purchases, but directed an 8% profit rate be applied to the turnover.
Upholding a crucial legal principle, the ITAT ruled that where a businesss income is estimated on a percentage-of-turnover basis, any additions made under 68 for items like unsecured loans or capital on the basis of unverified entries must be deleted. The decision provides relief by confirming that estimated net profit covers the source of cash and capital.
The ITAT ruled that seized parallel Tally data, reflecting higher sales and income, constitutes reliable incriminating material, validating assessments made under Section 153A. The tribunal sustained additions for higher gross profit and unexplained credits after the taxpayer failed to disprove the parallel records’ accuracy, reinforcing the presumption under Section 292C.
ITAT Delhi held that notice under section 274 r.w.s. 271(1)(c) of the Income Tax Act issued without specifying the specific charge or limb i.e. without striking off the irrelevant limb is erroneous. Accordingly, penalty order u/s. 271(1)(c) cannot be sustained.