Facts of the Case
The assessee, Ravindra Nath Singh, was subjected to scrutiny
assessment during which substantial cash deposits were found in bank accounts.
The Assessing Officer required the assessee to explain the nature and source of
these deposits. Dissatisfied with the explanation and supporting evidence
furnished, the Assessing Officer treated the deposits as unexplained income and
made additions accordingly. The assessee challenged the additions in appeal.
Issues Involved
- Whether
the cash deposits in the bank account were satisfactorily explained by the
assessee.
- Whether
the Assessing Officer was justified in treating the deposits as
unexplained income.
- Whether
the evidentiary burden cast upon the assessee under the Act was
discharged.
Petitioner’s Arguments (Assessee’s Contentions)
- The
assessee contended that the deposits represented explained sources such as
past savings, business receipts, or other legitimate funds.
- It was
argued that the Assessing Officer failed to properly appreciate the
explanations and documents furnished.
- The
assessee submitted that additions were made on presumptions without
conducting adequate verification.
Respondent’s Arguments (Department’s Contentions)
- The
Revenue contended that the assessee failed to provide credible evidence
establishing the source of cash deposits.
- It was
argued that explanations were either unsupported or inconsistent with
available records.
- The
Department maintained that the burden of proof lies on the assessee, which
was not discharged.
Court Order / Findings (ITAT Decision)
The Tribunal examined the explanations furnished, documentary
evidence on record, and the reasoning adopted by the lower authorities. It
reiterated that the primary onus to establish the nature and source of cash
deposits rests with the assessee. Where the explanation is not supported by
reliable evidence or fails to inspire confidence, the Assessing Officer is
justified in treating the amount as unexplained income.
The Tribunal accordingly upheld or modified the additions based on
the adequacy of evidence and factual findings, emphasizing that tax liability
must be determined on the basis of substantiated facts rather than unverified
claims.
Important Clarification
- Cash
deposits in bank accounts attract strict scrutiny under the Income-tax
Act.
- The
assessee must substantiate the source with credible documentary evidence.
- Mere
statements or general explanations are insufficient to rebut statutory
presumption.
- Failure
to discharge the burden of proof can result in addition as unexplained
income.
Link to download the order - https://itat.gov.in/public/files/upload/1610686985-74%20Alld%202018%20Ravindra%20Nath%20Singh.pdf
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