SHRI SATBIR SINGH BHULLAR,AMRITSAR vs. INCOME TAX OFFICER WARD- 5 (4), AMRITSAR

ITA 258/ASR/2022Status: DisposedITAT Amritsar02 March 2023AY 2008-0920 pages
AI SummaryAllowed

What did the Tribunal hold?

The Tribunal held that the cash deposits were out of agricultural income, which is not taxable. It also noted that the assessee, being an agriculturist, is not required to maintain books of accounts, and a bank passbook is not considered a book of accounts for the purpose of Section 68.

What were the facts?

The assessee, an agriculturist, deposited cash into his bank account. The Assessing Officer reopened the case and made an addition on account of these deposits, treating them as unexplained income. The CIT(A) upheld the addition.

What were the issues?

Whether cash deposits in a bank account by an agriculturist can be added as unexplained income under Section 68 when the source is claimed to be agricultural income. Whether a bank passbook constitutes 'books of accounts' for the purpose of Section 68.

Which sections of the Income-tax Act were involved?

Section 68,Section 147,Section 144

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Cases cited in this judgment(3)Show list

Detected automatically from the text. Citations are also linked where they appear in the judgment. The count shows how many other judgments on BharatTax rely on the same authority.

Income Tax Appellate Tribunal, AMRITSAR BENCH, AMRITSAR.

Before: DR. M. L. MEENA & SH. ANIKESH BANERJEE

Hearing: 23.02.2023Pronounced: 02.03.2023

Per:Anikesh Banerjee, JM:

The instant appeal of the assessee is directed against the order of the ld. Commissioner of Income Tax (Appeals), NFAC, Delhi,[in brevity the ‘CIT (A)’] order passed u/s 250of the Income Tax Act 1961, [in brevity the Act] order dated

05.08.

2021 for A.Y. 2008-09.The impugned order was emanated from the order of the ld. Income Tax Officer, Ward-5(4), Amritsar, (in brevity the AO) order passed 2 Assessment Year: 2008-09

u/s 147 r.w.s. 144 of the Act date of order 19.01.2016. The assessee has taken the following grounds:-

“1. That the Ld. CIT(A) has erred in dismissing the appeal by passing order u/s 250(6) and sustaining the addition made by the

The order continues below.

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