Facts of the Case

The assessee, Vinay Kumar, proprietor of M/s Sunshine Enterprises, carrying on the business of sale of dairy products, had deposited cash of Rs. 12.50 lakh in his bank account during Assessment Year 2006-07. The assessment was framed under section 144 of the Income Tax Act, 1961, and in the absence of supporting documentary evidence such as sale and purchase bills of dairy products, the Assessing Officer treated the entire cash deposit of Rs. 12.50 lakh as unexplained cash credit under section 68, which was subsequently upheld by the learned CIT(A)-XXVIII, New Delhi, by order dated 23.09.2011 passed under section 250 of the Act.​

Issues Involved
The core issue involved was whether the cash deposits of Rs. 12.50 lakh in the bank account of the assessee, claimed to be sourced from cash sales of dairy products, could be accepted as explained in the absence of supporting sale and purchase bills and related evidence. A further issue was whether, on these facts, the entire amount was liable to be added as unexplained cash credit under section 68, notwithstanding the admitted position that the assessee was in an established business of sale of dairy products and was declaring a gross profit rate of 10.5% for tax purposes.​

Petitioner’s (Assessee’s) Arguments
The assessee’s explanation before the tax authorities was that the cash deposits in question represented sale proceeds from the regular business of sale of dairy products, and therefore the source of the cash deposited stood explained from business receipts. It was thus contended that, considering the nature of business and the declared gross profit rate, the cash deposits were part of normal business turnover and could not be treated as unexplained cash credits under section 68.​

Respondent’s (Revenue’s) Arguments
On behalf of the Revenue, it was emphasized that the assessee did not furnish sale and purchase bills or any corroborative documentary evidence to establish that the cash deposits were actually linked with recorded sales of dairy products. In view of this failure, the Assessing Officer added the entire amount of Rs. 12.50 lakh under section 68 as unexplained cash credit, and the learned CIT(A) confirmed the addition, which stand was supported by the Departmental Representative before the Tribunal.​

Court Order / Findings (ITAT Delhi)
The Income Tax Appellate Tribunal, Delhi Bench “F”, noted that there was no dispute regarding the fact that the assessee was engaged in the business of sale of dairy products and was declaring a gross profit rate of 10.5% for taxation purposes. The Tribunal recorded that the addition had been made solely on account of the assessee’s failure to produce sale and purchase bills and other supporting documents to substantiate that the cash deposits were out of sales, and observed that although the assessee prima facie appeared to have discharged the onus of explaining the source, his contention could not be accepted in entirety in the absence of such evidence. At the same time, the Tribunal held that the Revenue’s attempt to completely disbelieve the assessee’s contention that the cash deposits were made out of sales could not be fully justified, and in this factual matrix, some element of failure to explain part of the cash deposits could not be ruled out. Therefore, in the larger interest of justice and to cover all possible loopholes, the Tribunal deemed it appropriate to sustain only a lump-sum addition of Rs. 2.50 lakh under section 68, with a clear direction that this addition shall not be treated as a precedent, and accordingly grounds 1 to 4 of the appeal were partly allowed and the assessee’s appeal was partly allowed.​

Important Clarification
The Tribunal categorically clarified that the lump-sum addition of Rs. 2.50 lakh under section 68 was being sustained as a measure to balance the equities and to address the deficiencies arising from the non-production of supporting documents, and that this course of action was not to be relied upon as a precedent in other cases.​

Section Involved
Section 68 – Unexplained cash credits under the Income Tax Act, 1961.​
Section 144 – Best judgment assessment under the Income Tax Act, 1961.​

LINK
https://itat.gov.in/public/files/upload/1770812152-Qgp3jF-1-TO.pdf 

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