DEEPAK AGARWAL,DELHI vs. ITO WARD 34(1), DELHI

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ITA 8381/DEL/2025Status: DisposedITAT Delhi27 March 2026AY 2017-188 pages

In favour of the assessee: the assessee's appeal was allowed. From the AI summary of this appeal.

AI SummaryAllowed

What did the Tribunal hold?

The Tribunal found that the NFAC dismissed the appeal without hearing the assessee. Considering the interest of justice, the Tribunal restored the issue to the NFAC, granting one final opportunity to the assessee to substantiate his claims and directing the assessee to cooperate with the Assessing Officer.

What were the facts?

The assessee's appeal against an addition of Rs. 5,65,14,032/- towards alleged unexplained cash credits, including cash deposits made during demonetization, was dismissed by the NFAC for non-prosecution. The assessee contended that he was not provided adequate opportunity and that the deposits were out of cash sales from his business of reselling ginger.

What were the issues?

Whether the NFAC erred in dismissing the appeal for non-prosecution without providing adequate opportunity, and whether the addition of cash deposits as unexplained credits was justified given the assessee's business of cash sales.

Which sections of the Income-tax Act were involved?

Section 143(3),Section 68,Section 115BBE,Section 154,Section 142(1),Section 143(1)

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, DELHI BENCH “G”, DELHI

Hearing: 19/03/2026Pronounced: 19/03/2026
1.

before the AO and co-operate in the proceedings. The grounds raised by the assessee are accordingly allowed for statistical purposes.

9.

In the result, the appeal of the assessee is allowed for statistical purposes. Order pronounced in the open court 19.03.2026.

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