SHYAM BIR,BALLABGARH vs. NATIONAL FACELESS APPEAL CENTRE, NEW DELHI
Before: SHRI SATBEER SINGH GODARAAssessment Year: 2017-18 Sh. Shyam Bir, H. No. 129, Near Sarpanch Ghar, Nawada Tigaon, Neemka, Ballabhgarh, Haryana Vs. NFAC, New Delhi PAN: AOYPB3296B (Appellant)
This assessee’s appeal for assessment year 2017-18, arises against the Commissioner of Income Tax (Appeals)/National
Faceless Appeal Centre [in short, the “CIT(A)/NFAC”], Delhi’s DIN and order no. ITBA/NFAC/S/250/2024-25/1074680008(1), dated
19.03.2025 involving proceedings under section 144 of the Income- tax Act, 1961 (hereinafter referred to as ‘the Act’).
Case called twice. None appears on the assessee’s behest. He is accordingly proceeded ex-parte.
Assessee by None
Department by Sh. Manoj Kumar, Sr. DR
Date of hearing
21.08.2025
Date of pronouncement
21.08.2025
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It is next noticed with the able assistance coming from the Revenue side that the learned Assessing Officer had treated the assessee’s entire cash deposits of Rs.17.19 lakhs during demonetization period as unexplained under section 69A r.w.s. 115BBE of the Act, whereas the CIT(A)/NFAC has granted part relief to the extent of previous years withdrawals amounting to Rs. 5.50 lakhs only in the lower appellate discussion.
This is what the assessee aggrieved.
3. The tribunal has given its due consideration to the assessee’s and Revenue’s vehement rival submissions. It finds no reason to concur with either party’s stand in entirety. This for the precise reason that neither the assessee has been able to plead and prove the source of its impugned cash deposits to the entire satisfaction of the learned lower authorities nor the fact that he is a retired ex- serviceman having prima facie sufficient savings and his socio- economic status could be altogether brushed aside. It is thus deemed appropriate in the larger interest of justice that a lumpsum addition of Rs. 1 lakh only would be just and proper with a rider that the same shall not be treated as a precedent. The assessee
3 | P a g e gets relief of Rs.16.19 lakhs. Necessary computation shall follow as per law.
4. So far as assessee’s assessment under section 115BBE is concerned, I quote S.M.I.L.E. Microfinance Ltd. Vs. ACIT, W.P. (MD)
No.2078 of 2020 & 1742 of 2020, dated 19.11.2024 (Madras) that the impugned statutory provision would come into effect on the transaction done on or after 01.04.2017 only. The assessee is accordingly directed to be assessed under the normal provision as per law.
5. This assessee’s appeal is partly allowed in above terms.
Order pronounced in the open court on 21st August, 2025 (SATBEER SINGH GODARA)
JUDICIAL MEMBER
Dated: 21st August, 2025. RK/-