Venkataramanappa Ravikumar v. ACIT (2021) 89 ITR 63 (SN) (Bang.)(Trib.)

S. 143(3) : Assessment-Income from undisclosed sources-Cash and cheque deposits in bank accounts-Transactions carried out on behalf of others-Entire deposit cannot be assessed as income from undisclosed sources-Profit element is estimated at 20 per. Cent. [S. 133A]

Held that since the transactions were carried out on behalf of others the explanation of the assessee that the transactions in these two bank accounts related to his real estate business could not be rejected altogether. On the contrary, the observations made by the Assessing Officer, the replies given by the assessee would suggest that the explanations given by the assessee may be accepted. In that case, the entire deposits could not be assessed as income of the assessee. Only the income element involved in the deposits required to be assessed as income of the assessee. The assessee had not stated anything about his rate of commission or brokerage. Considering the fact that the income element in the case of liaison works was usually high, the income of the assessee may be estimated at 20 per cent. of the addition made by the Assessing Officer relating to unexplained deposits. (AY.  2014-15)