DHARAM SINGH,GURUGRAM vs. ITO, WARD 1(4) GURGAON, GURUGRAM

IN THE INCOME TAX APPELLATE TRIBUNAL, DELHI BENCH: "SMC" NEW DELHI

BEFORE SHRI SATBEER SINGH GODARA, JUDICIAL MEMBER

ITA No.1098/Del/2025 Assessment Year: 2017-18

Sh. Dharam Singh, | Vs. | Income Tax Officer, C/o- YSR & Associates, | Ward-1(4), Plot No. 214, Basement, | Gurgaon Sector-47, Gurugram PAN :AABPY9857A (Appellant) | (Respondent)

Assessee by | Sh. M.R. Sahu, CA Department by | Sh. Yogeshwar Sharma, Sr. DR

Date of hearing | 14.05.2025 Date of pronouncement | 14.05.2025

ORDER

This assessee's appeal for assessment year 2017-18, arises against the Commissioner of Income Tax (Appeals)/National Faceless Appeal Centre [in short, the "CIT(A)/NFAC"], Delhi's DIN and order no. ITBA/NFAC/S/250/2024-25/1071627063(1), dated 27.12.2024 involving proceedings under section 144 r.w.s. 263 of the Income-tax Act, 1961 (hereinafter referred to as 'the Act').

- 2. Heard both the parties. Case file perused. - 3. It emerges at the outset that both the learned lower authorities have assessed the assessee for having made alleged

cash deposits of Rs. 12.56 lakhs in his bank account during

demonetization. A perusal of the case records, more particularly,

the corresponding bank accounts statement at page 13 onwards,

indicates that the cash deposits in question in fact have been made

in a bank account in the name of M/s. Dagar Building Material

Supplier than the assessee.

Atchaiah (1966) 218 ITR 239 (SC) that any taxable income has to

be assessed in the right person's hands only, to quash the

impugned addition made by both the learned lower authorities.

Ordered accordingly.

Order pronounced in the open court on 14th May, 2025

Sd/- (SATBEER SINGH GODARA) JUDICIAL MEMBER

Dated: 14th May, 2025.

RK/-

Copy forwarded to:

- 1. Appellant - 2. Respondent - 3. CIT - 4. CIT(A) - 5. DR

Asst. Registrar, ITAT, New Delhi