AMEETA PARAMANAND NADKARNI,MUMBAI vs. ITO WARD 42(1)(1), MUMBAI
What did the Tribunal hold?
The Tribunal held that the explanation furnished by the assessee regarding the source of cash deposits was plausible, considering the cash withdrawals and availability of funds. The Tribunal noted that the AO arbitrarily restricted cash withdrawals and Streedhan without proper basis. Therefore, the addition made by the AO was deleted.
What were the facts?
The assessee deposited a sum of Rs. 17,56,500/- in cash during the demonetization period. The Assessing Officer (AO) treated Rs. 7,64,940/- as unexplained money and added it to the assessee's income under Section 69A read with Section 115BBE of the Income Tax Act. The assessee claimed the source of the deposits was from earlier cash withdrawals and personal savings/streedhan.
What were the issues?
Whether the cash deposits made by the assessee during demonetization were adequately explained by her savings and withdrawals, and if the addition by the AO was justified.
Which sections of the Income-tax Act were involved?
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- Jaya Aggarwal v. ITO42 citing92 Taxmann.com 108 · 2018 · HC · Read judgment
Income Tax Appellate Tribunal, MUMBAI “SMC” BENCH : MUMBAI
Before: JUSTICE (RETD.) SHRI C.V. BHADANG & SHRI VIKRAM SINGH YADAV
PER VIKRAM SINGH YADAV, A.M : This is an appeal filed by the assessee against the order of the Ld.ADDL/JCIT(A)-1, Delhi, dated 29-08-2025, pertaining to Assessment Year (AY) 2017-18, wherein the assessee has challenged the sustenance of addition of Rs. 7,64,940/- u/s. 69A r.w.s. 115BBE of the Income Tax Act, 1961 („the Act‟).
2
Briefly stated, facts of the case are that the assessee filed her return of income declaring total income of Rs. 8,57,020/-, which was selected for scrutiny and thereafter notices u/s. 143(2) and 142(1) of t
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