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| The Tax Publishers2020 TaxPub(DT) 3412 (Jp-Trib) INCOME TAX ACT, 1961
Section 69 Section 115BBE
Where AO made addition under section 69 on allegation that assessee deposited cash in bank account even though cash balance in cash book showed negative balance, considering fact that AO did not issue any show cause notice to explain source of cash and that it was only a genuine mistake on part of data entry operator, who made erroneous entry with a prior date, addition was unjustified.
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Income from undisclosed sources - Addition under section 69 - Assessee deposited cash in bank account when cash book was showing negative balance - Cash book of assessee was showing off balance on account of error made by data entry operator
Assessee-individual was running a hospital. AO alleged that assessee deposited substantial cash amount in bank account on a particular date, whereas on same day, there was a negative cash balance in cash book. AO therefore, made an addition under section 69 read with section 115BBE.Held: AO made addition on basis of copy of cash balance in the cash book on a particular date. It was manifest from the assessment order that AO did not issue any show cause notice to the assessee or even asked the assessee to explain the source of cash deposit in the bank account. Thus, entries made in cash book for relevant period were considered by CIT(A) and it was found that it was only a genuine mistake on the part of the data entry operator, who made erroneous entry with a prior date. Thus, there was no error in order of CIT(A) in deleting the addition made by AO.
REFERRED :
FAVOUR : In assessee's favour.
A.Y. : 2016-17
INCOME TAX ACT, 1961
Section 14
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