ASHOK DATTATRAY MUTKULE,PUNE vs. THE INCOME TAX OFFICER, WARD 3(3), PUNE
What did the Tribunal hold?
The Tribunal noted that the details of payments made through Axis Bank credit card, SBI credit card, and savings bank accounts were not examined by the lower authorities. Therefore, the issue was restored to the Assessing Officer for verification.
What were the facts?
The assessee incurred a loss of Rs.76,60,735/- on a gaming portal. The Assessing Officer accepted Rs.43,92,871/- as explained sources and added the remaining Rs.32,61,129/- as unexplained cash deposit. The assessee claimed to have paid through credit cards and savings accounts.
What were the issues?
Whether the addition for unexplained cash deposit was justified without proper examination of the source of funds by the lower authorities.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, PUNE BENCHES “SMC”, PUNE
Before: DR.MANISH BORAD & SHRI VINAY BHAMORE
PER DR. MANISH BORAD, ACCOUNTANT MEMBER :
The captioned appeal at the instance of assessee pertaining to A.Y. 2022-23 is directed against the order dated 11.03.2026 of National Faceless Appeal Centre, Delhi passed u/s.250 of the Income-tax Act, 1961 (hereinafter also called ‘the Act’) arising out of Assessment order 21.03.2024 passed u/s.143(3) r.w.s.144B of the Act.
The sole grievance of the assessee revolves around the addition for unexplained cash deposit u/s.69A of the Act at Rs.32,61,129/-.
2 Ashok Dattatray Mutkule
Income of Rs.14,48,418/- declared in the return for A.Y. 2022- 23 e-filed on 31.07.2022. Based on the information about the transaction of the assessee carried out on a gaming portal managed by M/s. Gameskraft Technologies Pvt. Ltd., case of the assessee selected for scrutiny. Ld. Assessing Officer observed that the assessee has incurred loss of Rs.76,60,735/- and when asked about the source of the amount paid to M/s. Gameskraft Technologies Pvt. Ltd., resulting into loss, it was stated that the assessee has paid the amount mainly through his credit cards held with Axis bank, State Bank of India, HDFC and from saving bank account. However, ld. Assessing Officer only accepted the source of payment to the tune of Rs.43,92,871/- and for the remaining amount of loss of Rs.32,61,129/- ld. Assessing Officer has inferred it to be unexplained money and made addition thereof. Assessee failed to get any relief before ld.CIT(A).
Before us, ld. Counsel for the assessee has referred to the detailed paper book running into 259 pages and has specifically to page 132 where the details of credit cards and savings bank account are placed and it has been stated that Rs.80,36,738/- has been paid through them which are sufficient to demonstrate to explain the source of funds paid on Gaming Portal resulting into loss incurred by the assessee. The details are reproduced below :
Sl.No. Payment Mode/Source A/c. No. Amount 1 Axis Bank credit card - 20,99,667 2 Saving Account 71140055768 1,74,900 3 Saving Account 710502252485 7,29,500 4 SBI credit card 6,39,800 5 HDFC credit card 43,92,871
3 Ashok Dattatray Mutkule
We note that the details relating to Axis bank credit card, State bank of India credit card and Saving bank account have not been examined by the lower authorities and therefore we deem it appropriate to restore this issue to the file of ld. Juri ictional Assessing Officer for necessary verification and if found to be correct then to decide in accordance with law. Needless to mention that ld. JAO in the set aside proceedings shall allow reasonable opportunity to the assessee. Impugned order passed by ld.CIT(A) is set aside and the grounds of appeal raised by the assessee are allowed for statistical purposes.
In the result, the appeal of the assessee is allowed for statistical purposes.
Order pronounced on this 07th day of August, 2026. (VINAY BHAMORE) ACCOUNTANT MEMBER पुणे / Pune; दिन ांक / Dated : 07th August, 2026. Satish
Satish Kumar Madishetty 4 Ashok Dattatray Mutkule
आदेश की प्रतिलिपि अग्रेपिि / Copy of the Order forwarded to : अपील र्थी / The Appellant. 1. प्रत्यर्थी / The Respondent.
The Pr. CIT concerned. विभ गीय प्रतितनधि, आयकर अपीलीय अधिकरण, “SMC” बेंच, 4. पुणे / DR, ITAT, “SMC” Bench, Pune. ग र्ड फ़ इल / Guard File. 5. आिेश नुस र / BY ORDER,
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