During the course of the assessment of M/s Chandni Enterprises (a Proprietorship firm), the Income tax officer, observed that the assessee has shown some credit entries (aggregating to ₹ 40 lakh) in his books of accounts

CS Professional · Forensic Audit · PYQS · June 2021
During the course of the assessment of M/s Chandni Enterprises (a Proprietorship firm), the Income tax officer, observed that the assessee has shown some credit entries (aggregating to ₹ 40 lakh) in his books of accounts. Explanations were called from the assessee, he informed that this amount has been borrowed from some his customers, but their address are not available. The parties who have given such advances to the firm occasionally visits the shop and demand for the interest amount only keeping the principal amount intact. The proprietor has shown such entries in the books of accounts relating to the interest payment (by way of cash payments below ₹ 10,000). On being interrogated by the assessing officer to submit the proof of deposit, addresses of the depositors and other details, the proprietor could not justify. The assessing officer, thereafter, treating all the credit as income of the previous year and issued demand notice mentioning there in the amount of income tax, delayed interest, penalty for hiding of income. Based on the above facts, evaluate and explain whether the action of the assessing officer is justified ?

Answer & Explanation:

Cash Credits [Section 68]: As per the provision of Section 68 of the Income-tax Act, 1961, any sum found credited in the books of account of an assessee maintained for any previous year, and the assessee offers no explanation about the nature and source thereof or the explanation offered by him is not, in the opinion of the Assessing Officer, satisfactory, the sum so credited may be charged to Income-tax as the income of the assessee of that previous year. Unexplained Money [Section 69A]: Moreover as per the provision of Section 69A of the Income-tax Act, 1961, where, in any financial year, the assessee is found to be the owner of any money, bullion, jewellery or other valuable article and such money, bullion, jewellery or the valuable article is not recorded in the books of account, if any, maintained by him for any source of income, and the assessee offers no explanation about the nature and source of acquisition of the money, bullion, jewellery or other valuable article, or the explanation offered by him is not, in the opinion of the Assessing Officer, satisfactory, the money and the value of the bullion, jewellery or other valuable article may be deemed to be the income of the assessee for that financial year. Amount of Investments, etc., not fully disclosed in Books of Account [Section 69]: As per the provision of Section 69 of the Income-tax Act, 1961, where, in any financial year, the assessee has made investments or is found to be the owner of any bullion, jewellery or other valuable article, and the Assessing Officer finds that the amount expended on making such investments or in acquiring such bullion, jewellery or other valuable article exceeds the amount recorded in this behalf in the books of account maintained by the assessee for any source of income, and the assessee offers no explanation about such excess amount, or the explanation offered by him is not, in the opinion of the Assessing Officer, satisfactory, the excess amount may be deemed to be the income of the assessee for that financial year. Based on the above points, the action of the assessing officer of treating the credit as deemed Income of the assessee and issue of demand notice seems justified as the assessee could not submit the proof of deposit, addresses of the depositors and other details or could not justify.

Topics: Income Tax Act Provisions

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