MOHINDER KUMAR,SONIPAT HARYANA vs. ITO WARD 3, SONIPAT HARYANA
Income Tax Appellate Tribunal, DELHI BENCH ‘SMC’, NEW DELHI
Before: Sh. Satbeer Singh Godara
This assessee’s appeal for Assessment Year 2011-12, arises against the CIT(A)/NFAC, Delhi’s DIN & order No.
ITBA/NFAC/S/250/2024-25/1071770303(1) dated 01.01.2025, in proceedings u/s 147 r.w.s. 143(3) 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 both the learned lower authorities had set into motion section 148/147 proceedings against the assessee so as to assess his alleged cash deposits in M/s Oriental Bank of Commerce to the tune of Rs.19,84,000/- as unexplained cash credits/unexplained investments; as the case may be. The assessee’s stand from day one all along has altogether denied to have made any such Mohinder Kumar
2
bank account with M/s Oriental Bank of Commerce. There is further no dispute that no such account details are forthcoming either in the assessment order dated 16.11.2018 or in the lower appellate discussion.
That being the clinching factual position, this tribunal are of the considered view that the impugned reopening itself is not sustainable since not based on any tangible material having live nexus with the reopening reasons in light of PCIT Vs. Meenakshi Overseas (P) Ltd. (2017) 82 taxmann.com 300 (Del.). Ordered accordingly.
This assessee’s appeal is allowed. Order Pronounced in the Open Court on 24/06/2025. (Satbeer Singh Godara)
Judicial Member
Dated: 24/06/2025
*Subodh Kumar, Sr. PS*