SHANTA AGGARWAL,DELHI vs. WARD 59(4) DELHI, DELHI

IN THE INCOME TAX APPELLATE TRIBUNAL, DELHI BENCH: “SMC” NEW DELHI BEFORE SHRI SATBEER SINGH GODARA, JUDICIAL MEMBER ITA No.4788/Del/2026 Assessment Year: 2017-18 Smt. Shanta Aggarwal, Vs. Income Tax Officer, J-8/3, Kalinga Apartments, Ward-59(4), West Jyoti Nagar, Delhi Delhi PAN: AAGPA9323E (Appellant) (Respondent)

Assessee by Sh. Manoj Kumar, CA Department by Sh. Manoj Kumar, Sr. DR

Date of hearing 01.07.2026 Date of pronouncement 01.07.2026 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/250/2025-26/1086825664(1), dated 04.03.2026 involving proceedings under section 143(3) of the Income-tax Act, 1961 (hereinafter referred to as ‘the Act’). Heard both the parties. Case file perused. 2. Coming to the assessee’s sole substantive ground raised herein, I notice that she seeks to reverse both the learned lower

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authorities’ respective findings assessing her cash deposits during demonetization period i.e. from 09.11.2016 to 30.12.2016 amounting to Rs.33,70,000/- as unexplained under section 69A of the Act; in assessment order dated 30.12.2019 as upheld in the lower appellate discussion. 3. I have given my thoughtful consideration to the assessee’s and the Revenue’s respective vehement submissions. I wish to make it clear that there has been no dispute all along that the assessee is engaged in the business of export of consumable goods such as disinfectants, candles etc. and local sale of cold drinks and cigarettes etc., where possibility of cash turnover in such an unorganized sector could not be altogether ruled out. And she had filed all the relevant details of the business turnover during demonetization, whose credit could not be denied in entirety, although she appears to have not successfully discharged her onus of pleading and proving her explanation to the very effect. Be that as it may, I thus deem it appropriate in this factual backdrop that a lumpsum addition of Rs. 3 lakhs in the assessee’s hands would be just and proper with a rider that the same shall not be treated

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as a precedent. The assessee gets relief of Rs.30,70,000/-in other words. Necessary computation shall follow as per law. 4. So far as assessee’s assessment under section 115BBE is concerned, I quote S.M.I.L.E. Microfinance Ltd. Vs. ACIT, W.P. (MD) No.2078 of 2020 & 1742 of 2020, dated 19.11.2024 (Madras) that the impugned statutory provision would come into effect on the transaction done on or after 01.04.2017 only. The assessee is accordingly directed to be assessed under the normal provision as per law. No other ground or argument has been pressed before us. 5. This assessee’s appeal is partly allowed. Order pronounced in the open court on 1st July, 2026 Sd/- (SATBEER SINGH GODARA) JUDICIAL MEMBER Dated: 22nd September, 2026. RK/- Copy forwarded to: 1. Appellant 2. Respondent 3. CIT 4. CIT(A) 5. DR Asst. Registrar, ITAT, New Delhi

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