Held that the assessee did not entertain encashment of open demand drafts in its books from regular buyers and that buyers from North India approach the assessee with open demand drafts as they could not carry huge cash for their purchase of areca in the local market. In the assessment year 2008-09 core banking facilities were not available. The pattern of deposit of demand draft and withdrawal of cash immediately lent credence to the plea of the assessee. The assessee would have been beneficiary of only commission but had accepted eight per cent. profit treating the value of demand drafts as sales. The approach adopted by the Commissioner (Appeals) in the given facts and circumstances of the case was proper and called for no interference. (AY.2008-09)
ITO v. H. Omkarappa HUF (2022) 95 ITR 26 (SN) (Bang.)(Trib)
S. 68 : Cash credits-Exchange of demand drafts for cash to customers from North India to be used for local purchases-Banking facilities not available-Income offered at 8 Per Cent. profit treating value of demand drafts as sales-Order of CIT(A) is affirmed.