PRAHLAD SINGH YADAV,NOIDA vs. ASSESSING OFFICER, NOIDA

PER SATBEER SINGH GODARA, JM:

This assessee’s appeal ITA no. 4355/Del/2025 for assessment year
2012-13 arises against CIT(A)/ NFAC, Delhi’s order dated 18.06.2025 (DIN &
Order No. ITBA/APL/S/250/2025-26/1077168749(1), in proceedings u/s 147 read with section 144 of the Income-tax Act, 1961, hereinafter referred to as the ‘Act’.

Heard both the parties. Case file perused.
2. It emerges during the course of hearing that learned lower authorities’
discussion have treated the assessee’s deposit in question of Rs. 14.28 lakhs as unexplained, in assessment order dated 09.12.2019 and upheld in the lower appellate order dated 16.06.2025. 2
3. It is in this backdrop that the tribunal hereby notices from a perusal of the case record that the assessee had in fact withdrawn total cash amounting to Rs. 22
lakhs in the relevant financial year that was partially followed by deposit thereof to the tune of Rs. 14.28 lakhs i.e. forming subject matter of addition. The necessary inference in the given facts which would arise is that the assessee’s above cash deposit forms part of his preceding withdrawals, and, therefore, the impugned addition made by both the lower authorities could not be sustained. Deleted accordingly.
4. This assessee’s appeal ITA No. 4355/Del/2025 is allowed.
Order pronounced in open court on 20.08.2025 (SATBEER SINGH GODARA)

JUDICIAL MEMBER
*MP*