Venkatesh Soutoor v. ITO (2021) 87 ITR 36 (SN) (Hyd.)(Trib.)

S. 68 : Cash credits-Gold smith-Depositing cash in the Bank-Cash withdrawal-Marriage gifts-one third of deposit was accepted as withdrawal-Remanded for verification.

Held that the entire procurement of gold ornaments was not only through auction from the bank, but from other customers as well. The assessee had filed before the Tribunal, a copy of the bank account of the assessee and confirmation letters stating that the assessee had paid the loan amount and after release of gold, the gold was sold and the sale consideration was given to the assessee in cash. None of these letters was considered or verified by the Assessing Officer. If the assessee was able to prove the transfer of money from the assessee’s bank account to the bank account of the customers and if the gold loans were repaid on the same date, then taking the confirmation from the parties into consideration, the sale consideration of those transactions should be accepted as source for cash deposits. Therefore, this issue was to be remanded to the Assessing Officer with a direction to verify the bank account of the assessee and of the other parties and reconsider the issue in accordance with law. Similarly, 50 per cent. of sum claimed as marriage gifts as against one third of the cash gifts was to be accepted as source for cash deposits. (AY.2015-16)