Assessee was a partnership firm. During the relevant assessment year, one of its partners introduced capital. Assessee claimed that the source of capital was the partner’s cash in hand. Assessing Officer held that the partner’s ITR-4 for assessment year 2016-17 did not disclose any cash-in-hand balance. Accordingly, he treated said amount as unexplained under section 68 read with section 115BBE of the Act. Tribunal held that the assessee had furnished a copy of its cash flow statement and individual bank statement, without confronting the assessee regarding the genuineness of the claim, without making a necessary inquiry regarding submissions that had been put forth by the assessee. Revenue had made an addition which was perverse, arbitrary and bad in law. Since principles of natural justice were not followed and no inquiry on this aspect was made by the revenue, the addition made in the hands of assessee was deleted. (AY. 2017-18)
Khandelwal Industries. v. ITO (2025) 215 ITD 667 (Raipur) (Trib.)
S. 68: Cash credits-Partner’s capital-Cash flow and bank statements-Addition was deleted. [S.115BBE]
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