ACIT v. Chandra Surana (2023) 149 taxmann.com 379 / 104 ITR 503 (Jaipur)(Trib)

S. 68:Cash credits-Cash deposit-Demonetisation period-Cash sales-Books not rejected-Genuineness of sales not doubted-Addition deleted.[S. 69, 143(3)]

The Assessing Officer made an addition to the declared income of the assessee u/s. 68 of the Act holding that the cash deposited by the assessee in his bank account during the demonetisation period was undisclosed income under the garb of cash sales. The Trinunal held that,it was not the case of the Assessing Officer that the assessee did not have sufficient stocks for making the sales. It could not be said that the figures of sales and purchases were not supported by quantitative details. The Assessing Officer neither brought any material on record to establish that the sale bills were bogus nor provided any evidence to show that such sales were bogus. The assessee had duly substantiated his claim with documentary evidence. The Assessing Officer had not rejected the books of account of the assessee as no material was available with him so to do. Section 68 of the Act is not applicable to sale transactions recorded in the books of account as such sales would already be a part of the income credited to the profit and loss account. The Assessing Officer was not justified in making the addition. The addition was rightly deleted by the Commissioner (Appeals) (AY. 2017-18)