Fashion Zone v. Jt. CIT (2024) 111 ITR 138 (Chd)(Trib.)

S. 68 : Cash credits-Unexplained cash deposits-Demonetisation-No defects in the books of account-Stock register-Cash sales duly offered to tax have been accepted-Bringing the realization of sale proceeds in cash to tax will amount to double taxation and the same is clearly unsustainable in law.[S. 145]

The ITAT held that the source of cash deposits had been explained by the assessee as out of its cash sales so undertaken and it was also been explained that such cash sales are subject to VAT where VAT has been collected and deposited with the government treasury. Further no defect was pointed out by the AO in terms of availability of stock or in any of the documentation so submitted by the assessee or in the books of accounts. The ITAT therefore accepted the contention of the AR that where the cash sales duly offered to tax have been accepted, bringing the realization of sale proceeds in cash to tax will amount to double taxation and the same is clearly unsustainable in law and cannot be upheld. Accordingly the addition made u/s 68 was deleted. (AY.2017-18)