Mahadevappa Basappa Edaramani v. ACIT (2020) 84 ITR 300 (Bang.)(Trib.)

S. 144 : Best judgment assessment-Maintaining huge cash balance in particular period-Cash withdrawal from bank-Additions cannot be made on the presumption that the assessee could have discharged sundry creditors instead of having cash in hand. [S. 36(1)(iii), 145(3)]

Allowing the appeal of the assessee the Tribunal held that, the Assessing Officer having accepted the correctness of the cash book in his remand report was not justified in expressing doubts on the genuineness of the cash book maintained by the assessee. The fact that there was low cash balance during the opening and closing days of the financial year and maintenance of a huge balance in a particular period, cash was withdrawn from the bank despite cash balances being available in the cash book and the presence of sundry creditors and the fact that the assessee could have discharged sundry creditors instead of having cash in hand, could not be the basis to doubt the genuineness of the cash book. Since the source of funds for the cash deposit in the bank account stood duly explained, the addition made were deleted and the addition sustained by the Commissioner (Appeals) were also to be deleted. (AY. 2015-16)