ARYAVRAT COOP (U) T/C SOCIETY LIMITED,DELHI vs. ITO WARD 63(1), DELHI
What did the Tribunal hold?
The Tribunal restored the appeal back to the Assessing Officer for reconsideration and factual verification of the cash deposits. This was done in the interest of justice, allowing the assessee three opportunities for hearing.
What were the facts?
The assessee received cash deposits of Rs. 27,97,500 from its members. The Assessing Officer and the lower appellate authority treated these deposits as unexplained cash credits under Section 68 of the Income Tax Act.
What were the issues?
Whether cash deposits received from members can be treated as unexplained cash credits under Section 68 without proper factual verification.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, DELHI BENCH ‘SMC’, NEW DELHI
Before: Sh. Satbeer Singh Godara
IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH ‘SMC’, NEW DELHI
Before Sh. Satbeer Singh Godara, Judicial Member ITA No. 5442/Del/2026 : Asstt. Year: 2017-18
Aryavrat Coop (U) T/C Society Limited, Vs ITO, Ward 63(1), 409, Gali Mata Wali, Teliwara, New Delhi Delhi- 110 006 (PAN: AABAA1956B) (APPELLANT) (RESPONDENT)
Assessee by : Shri Mani Bhadra Jain, Adv. (VC) Revenue by : Sh. Nirmal Nangia, Sr. DR.
Date of Hearing: 08.07.2026 Date of Pronouncement: 08.07.2026
ORDER This assessee’s appeal for Assessment Year 2017-18, arises against the CIT(A)/NFAC, Delhi’s DIN & Order No. ITBA/NFAC/S/250/- 26/1086892517(1) dated 05.03.2026, in proceedings u/s 143(3) of the Income Tax Act, 1961 (in short “the Act”). Heard both the parties. Case file perused.
It emerges during the course of hearing that the assessee presses
for its sole substantive ground on merits challenging both the learned
lower authorities’ action treating the cash deposit of Rs.27,97,500/-,
received from its Members as unexplained cash credit u/s. 68 of the
Act, in the assessment order dated 16.12.2019 and upheld in the lower
appellate discussion.
The assessee has filed its detailed paper book running into 202 pages
thereby explaining the source of the impugned cash deposits from its
2 Members only. It is therefore deemed appropriate in the larger interest
of justice to restore the assessee’s instant appeal back to the Assessing
Officer for necessary reconsideration and factual verification, within
three effective opportunities of hearing at the appellant’s risk and
responsibility only. Ordered accordingly.
In the result, this assessee’s appeal is allowed for statistical purposes. . Order Pronounced in the Open Court on 08/07/2026.
Sd/- (Satbeer Singh Godara) Judicial Member
Dated: 29/07/2026 SR BHATNAGAR Copy forwarded to: 1. Appellant 2. Respondent 3. CIT 4. CIT(Appeals) 5. DR: ITAT ASSISTANT REGISTRAR
More judgments on Section 68
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- Neo Incorporation, Rajkot vs DCIT Circle- 1(2), RajkotITA 471/RJT/2026[2012-2013]Status: Disposed21 Oct 2026AY 2012-2013
- Bliss Dealtrade Private Limited, Kolkata vs Income Tax Officer - Ward 9(2) Kolkata…ITA 208/KOL/2026[2012-13]Status: Disposed21 Oct 2026AY 2012-13
- Hemal Paresh Madeka, Rajkot vs Asst.Commissioner of Income Tax…ITA 955/RJT/2026[2020-21]Status: Disposed19 Oct 2026AY 2020-21
- Ajaybhai Dineshbhai Bagdai, Near Central… vs The Income Tax Officer, Ward-1(2)(1), New…ITA 74/RJT/2026[2013-14]Status: Disposed19 Oct 2026AY 2013-14
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