Mansukh K. Vaghasia. v. ITO (2022) 195 ITD 99 (Surat)(Trib.)

S. 44AD : Presumptive taxation-Cash credit-Bank deposits in cash-Turnover-Submitted memorandum Trading and Profit and Loss account and Balance Sheet-Addition was deleted. [S. 68]

The Assessee is a small trader who has filed the return of income under section 44AD of the Act. The AO made an addition in respect of cash deposited in the Bank as cash credits under section 68 of the Act. On appeal the Tribunal held that the assessee had explained that cash deposited in the bank account was out of cash turnover of Rs. 16.02 lakhs, as declared, therefore, the assessee had proved his bona fide, about cash deposited in the bank account. The  assessee also submitted a memorandum Trading and Profit and Loss account and Balance Sheet to Assessing Officer and Assessing Officer had not made any adverse finding in any of these documents.  The addition was deleted. s(AY. 2010-11)