ITO v. Senco Alankar. (2023) 202 ITD 278 (Kol) (Trib.)

S. 69A : Unexplained money-Cash deposited-Demonetization-Business of manufacture and retail trading of jewellery items-Actual sales cannot be treated as deemed income-Deletion of addition is affirmed. [S.143(3), 145(3)]

Assessee, jeweller, had deposited Rs. 3,87,69,800/-in bank accounts during demonetization period i.e., from 8-11-2016 to 30-12-2016 mostly in demonetized old currency notes. On query raised by Assessing Officer, assessee had furnished details of profit & loss account, balance sheet, stock register, list of customers who purchased jewellery on 8-11-2016, VAT returns, cash book, details of cash deposited during demonetization and other related documents  etc. The   Assessing Officer made certain assumptions and difference of sale determined by Assessing Officer and actual sales by assessee was treated as deemed income of assessee under section 69A of the Act. CIT(A) deleted the addition. On appeal the Tribunal held that  since computation method adopted by Assessing Officer was nothing but based on a hypothesis to arrive at estimated probable sales value that could have been made on 8-11-2016 and assumption so made by Assessing Officer was devoid of any scientific basis, addition made by Assessing Officer was to be deleted. (AY. 2017-18)