Huge cash deposits were made in a bank account fraudulently opened in the assessee’s trade name. The assessee denied ownership of the account, lodged a police complaint and established that the money was deposited and withdrawn by third parties without his knowledge. The Assessing Officer had already taxed the beneficiaries substantively but made a protective addition in the assessee’s hands. The Tribunal held that the assessee neither controlled the account nor derived any benefit from the transactions. Considering the nature of the retail liquor licence, it was impossible for the assessee to achieve the alleged turnover within fourteen days. The protective addition was therefore deleted. (AY. 2012-13).
Mandeep Singh v. ITO (2025) 126 ITR 240 / 178 taxmann.com 474 (Amritsar)(Trib.)
S. 69A: Unexplained money-Protective addition-Fraudulent bank account operated by third parties-No benefit or control of account by assessee-Addition deleted. [S 206C]
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