BEENA SHAH,NEW DELHI vs. ITO WARD(28)-1, NEW DELHI

This assessee’s appeal for assessment year 2012-13, arises against the Commissioner of Income Tax (Appeals)/Addl./JCIT(A)-
5,
Mumbai’s
DIN and order no.
ITBA/APL/S/250/2024-
25/1072151745(1), dated 14.01.2025 involving proceedings under section 143(3) r.w.s. 147 of the Income-tax Act, 1961 (hereinafter referred to as ‘the Act’).

Heard both the parties. Case file perused.
2. It is noticed during the course of hearing that both the learned lower authorities have treated the assessee’s cash deposits of Rs.3.20 lakhs as unexplained to the extent of Rs.2 lakhs thereby
Assessee by Ms. Beena Shah, in person
Department by Sh. Akhilesh Kumar Yadav, Sr. DR
Date of hearing
05.06.2025
Date of pronouncement
05.06.2025
2 | P a g e giving credit of her past sales of Rs.1.20 lakhs in assessment order dated 3rd December, 2019 and upheld in the lower appellate discussion.
3. I have given my thoughtful consideration to the assessee’s and Revenue’s vehement arguments supporting their respective stands. The assessee’s case all along is that she had in fact received a cash gift from her sister-in-law Ms. Prabha Shah who had withdrawn the corresponding amount of Rs.2 lakhs from her bank account which was deposited in her account as a gift since covered under the exempt category of relative u/s 56(2) of the Act. That being the case, I hereby see no merit in the impugned addition of Rs.2 lakhs. Deleted accordingly.
4. This assessee’s appeal is allowed.
Order pronounced in the open court on 5th June, 2025 (SATBEER SINGH GODARA)

JUDICIAL MEMBER

Dated: 5th June, 2025. RK/-