Balithal Gram Seva Sahakari Samiti Ltd. v. ITO (2025) 128 ITR 417 (Jaipur)(Trib.)

S. 68 : Cash credits-Reassessment-AO reopened case of assessee on the ground of large cash deposits in bank accounts-However, reassessment was ended with a disallowance under section 80P-Since no addition was made on account of cash deposit, the disallowance was not sustainable. [S. 80P, 147,148]

 

The assessee, a cooperative society, was issued a notice under section 148 on the basis of information under the head ‘NMS’ that the assessee had deposited cash in 3 bank accounts maintained with the Central Cooperative Bank Ltd. The assessee filed a nil return claiming a deduction under section 80P. Ultimately, the case of the assessee was assessed at Rs.13,04,658 after disallowing the deduction claimed under section 80P. On appeal to the ITAT, it was held that where the AO reopened the case of the assessee on the ground of large cash deposits in bank accounts, but the reassessment was ended with a disallowance under section 80P, without making any addition on account of cash deposits, the disallowance made by the AO was not sustainable in law. [AY. 2019-20]

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