MOHD NAUSHAD ALI,DELHI vs. INCOME TAX OFFICER, WARD 70(4), NEW DELHI, DELHI
Income Tax Appellate Tribunal, DELHI BENCH ‘SMC’, NEW DELHI
Before: Sh. Satbeer Singh Godara
This assessee’s appeal for Assessment Year 2017-18, arises against the Addl./JCIT(A)-2, Jaipur’s DIN & order No.
ITBA/APL/S/250/2023-24/1059908936(1) dated 19.01.2024, in proceedings u/s 143(3) of the Income Tax Act, 1961 (in short
“the Act”). Delay of 363 days condoned.
Heard both the parties at length. Case file perused.
It emerges during the course of hearing that both the learned lower authorities have assessed the assessee’s cash deposits during demonetization of Rs.6,61,500/-; as unexplained, in the course of assessment framed on 23.12.2019 and upheld in the lower appellate discussion. Mohd Naushad Ali 2 4. Faced with this situation, it is noticed that the learned Assessing Officer himself is very fair in accepting the assessee’s stand in para 6 of the assessment discussion that his cash sales in the relevant previous year already stands accepted to the tune of Rs.3,78,54,792/- (para 3) in the assessment discussion. That being the clinching factual position, the only inference which would arise in the given facts is that the assessee’s impugned cash deposits prima facie represent his cash sales which has been wrongly added as an unexplained by both the learned lower authorities. The impugned addition is directed to be deleted in very terms.
This assessee’s appeal is allowed. Order Pronounced in the Open Court on 27/05/2025. (Satbeer Singh Godara)
Judicial Member
Dated: 27/05/2025
*Subodh Kumar, Sr. PS*