Thomas Eapen v. ITO (2020) 180 ITD 741 (Cochin)(Trib.)

S. 44AD : Presumptive taxation-Trader in medicine-Undisclosed cash credits–Bank account-Addition is held to be not justified. [S. 68, 69A, 115BBE]

Assessee, a small trader in medicine, declared return of income under S 44AD at 8 per cent of his turnover. AO made addition under S.68 in respect of unexplained cash credit found in assessee’s bank. On appeal, CIT(A) held that since assessee did not maintain books of account, said unexplained deposits could not be taxed under S. 68 but under S.69A of the Act. On appeal the Tribunal held that since scheme of presumptive taxation had been formed in order to avoid long drawn process of assessment in case of small traders or in case of businesses where incomes were almost of static quantum of all businesses, AO could   have made addition under S. 69A, once he carved out case out of glitches of provisions of S.  44AD, and in instant case no such exercise being done by AO  addition made under section 69A was to be deleted. (AY. 2015-16)