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Income Tax Appellate Tribunal, HYDERABAD ‘SMC’ BENCH, HYDERABAD.
O R D E R Per Shri S.S. Godara, J.M. : This assessee’s appeal for Asst. Year 2017-18 arises from the Commissioner of Income Tax (Appeals), National Faceless Appeal Centre, Delhi’s order dt.16.03.2021 passed in case No. ITBA/NFAC/S/250/2020-21/1031533593(1) in proceedings under Section 143(3) of Income Tax Act, 1961 (‘the Act’).
Heard both the parties. Case file perused.
Coming to the assessee's sole substantive grievance that both the lower authorities have erred in law and on facts in making 69A unexplained money addition of Rs.2,50,000, it is noticed at the outset that his stand adopted throughout had attributed to / source thereof to cash in hand getting accumulated all along and deposited during the demonetization period to the tune of Rs.5 lakhs.
Learned department representative vehemently contended that both the lower authorities have already granted the assessee part relief to the tune of Rs.2.5 lakhs thereby adding the balance amount in issue. The fact also remains that the impugned cash having accumulated in assessee's hands throughout to this effect cannot be per se ruled out. It is further not an issue that he has although claims to have been filing returns in preceding assessment years on regular basis, no such evidence has been placed on record with all the corresponding details.
Faced with this situation, I deem it appropriate to restrict the impugned addition to the extent of one lakh only with a rider that the same shall not be treated as a precedent. Necessary computation shall follow.