23/06/2021
💸 *Case Law on Cash deposit upto Rs 2.5 L during demonetisation:*
💎 *Smt Uma Agrawal (127 taxmann.com 735 Agra ITAT)* ⚖️
🌎 *Facts:*
🌴 1. Assessee was a housewife and had deposited *Rs 2,11,500 in her bank account.*
📍 2. She had no business and claimed before the AO that this cash was out of her *savings over a period of time* and also claimed that after demonetisation, she had no option but to deposit the cash in the bank.
🎋 3. AO did not *accept the contention and added the amount to income U/S 69A as unexplained money.*
🇮🇳 Note: As per Insstruction 3/2017 dated 21/2/17, *AO cannot tax cash deposit less than Rs 2.5L during the demonetisation.*
⚖️ *The ITAT held as below:*
🍉 1. The *small amount of Rs 2,21, 000/ would have been saved* by her from various activities undertaken by her in the last many years.
🧘🏻♂️ 2. *No evidence has been brought* on record to prove that the deposit was from unexplained sources.
🍓 3. The word *“may”* had been used by the statute under section 69A, therefore applying the same analogy as laid down by SC in the case of Smt. P.K. Noorjahan(supra), we are of *the opinion that the amount deposited by the assessee during the demonetization cannot be treated as income of the assessee.*
🌱 4. Hence the *appeal of the assessee is allowed*
🌎 Footnote: Tribunal said that this decision may be treated as a precedent in respect to proceedings arising out of the cash deposit made by the housewives during the demonetization scheme 2016, *only up to the limit of Rs 2.5 lakhs only.*