Eagle Fleet Services vs. Asst. CIT (2023) 105 ITR 78(SN) (Chennai) (Trib)

S. 69A : Unexplained money-Demonetisation-Cash deposits of specified bank notes during demonetisation period-AO accepting explanation of assessee that receipts from business-however, treating the deposits as unexplained solely on the ground that notes ceased to be legal tender-Unjustified.[S. 132]

The Appellate Tribunal held that the AO, having accepted the explanation of the assessee with regard to source of cash deposits found during the course of search, made the additions only on the ground that legal tender of specified bank notes from November 9, 2016, is illegal. Hon’ble Appellate Tribunal further held that for the purpose of section 69A of the Act, there cannot be any distinction between generation of such money through legal tender or ceased legal tender inasmuch as in the context of the provision of the Act, this is not restricted to a legal source alone. Therefore, the reasons given by the AO to make addition towards cash deposits during the demonetisation period in light of the notification of Ministry of Finance and Reserve Bank of India, is not correct. (AY. 2017-18)