The Assessing Officer held that there was sudden spike in cash sales and disproportionate cash deposited made by assessee. Assessing Officer issued notices under section 133(6) to 8 buyer parties which remained uncompiled with except one which confirmed purchase from assessee. Assessing Officer made addition under section 68 on account of cash deposits made during demonetization. CIT(A) deleted the addition. On appeal by the revenue the Tribunal held that the assessee had attempted to prove entire source of cash deposit during demonetization as cash withdrawals from bank as well as sales due to a government directive requiring sugar mills to liquidate stock by 31-10-2016. However, there was some element of failure to explain some of cash deposit which could not be ruled out. Accordingly a lump-sum addition of Rs 5 lakhs was confirmed. Tribunal also held that provisions of section 115BBE would apply only to transaction done on or after 1-4-2017. (AY. 2017-18)
Dy. C.I.T v. Rai Bahadur Narain Singh Sugar Mills Ltd. (2025) 213 ITD 222 (Delhi) (Trib.)
S. 68 : Cash credits-Cash deposit-Demonetization-Cash sales-Failure to comply notice under section 133(6)-Lump sum addition of Rs 5 lakh was affirmed-Provisions of section 115BBE would apply only to transaction done on or after 1-4-2017.[S.133(6), 115BBE]
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