SHRI SUNIL KUMAR,DELHI vs. ITO WARD-3(2), BULANDSHAHR
Income Tax Appellate Tribunal, DELHI BENCH ‘SMC’, NEW DELHI
Before: Sh. Satbeer Singh Godara
This assessee’s appeal for Assessment Year 2008-09, arises against the CIT(A)/NFAC
DIN
&
order
No.
ITBA/NFAC/S/250/2024-25/1072954667(1) dated 05.02.2025, in proceedings u/s 147 r.w.s. 144 of the Income Tax Act, 1961
(in short “the Act”).
Heard both the parties at length. Case file perused.
It emerges at the outset that the sole substantive issue between the parties herein is that of correctness of unexplained cash. CIT(A) as against the total addition of Rs.39,00,000/- made in the assessee’s hands in the assessment order dated 25.02.2016. Sunil Kumar
2
4. Faced with this situation, learned counsel has filed the assessee’s bank statement indicating him to have withdrawn a cash amount of Rs.7,00,000/- maintained with Bank of India which has gone un-rebutted from the Revenue side. This is indeed coupled with the fact that possibility of some accumulated past savings in the assessee’s hands also could not be altogether ruled out.
Faced with this situation, it is deemed appropriate in the larger interest of justice that a lump sum addition of Rs.11,30,000/- only in the given facts would be just and proper with a rider that the same shall not be treated as a precedent. The assessee gets relief of Rs.8,00,000/- in other words. Necessary computation to follow.
This assessee’s appeal is partly allowed. Order Pronounced in the Open Court on 21/07/2025. (Satbeer Singh Godara)
Judicial Member
Dated: 21/07/2025
*Subodh Kumar, Sr. PS*