ASHISH GOEL,DELHI vs. INCOME TAX OFFICER, DELHI

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ITA 1507/DEL/2026Status: DisposedITAT Delhi14 May 2026AY 2012-132 pages

In favour of the assessee: the assessee's appeal was allowed. From the AI summary of this appeal.

AI SummaryAllowed

What did the Tribunal hold?

The Tribunal held that since the assessee declared the amount as business turnover under Section 44AD, the addition of the same amount as unexplained money under Section 69A was not justified. Therefore, the addition was deleted.

What were the facts?

The Assessing Officer made an addition of Rs. 7 lakhs under Section 69A treating cash deposits as unexplained money. The assessee had declared this same amount as business turnover under the presumptive taxation scheme of Section 44AD.

What were the issues?

Whether cash deposits declared as business turnover under Section 44AD can be treated as unexplained money under Section 69A. The validity of addition made under Section 69A when income was already offered under a presumptive scheme.

Which sections of the Income-tax Act were involved?

Section 69A,Section 44AD,Section 147,Section 144

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, DELHI BENCH ‘SMC’, NEW DELHI

Before: Sh. Satbeer Singh Godara

For Appellant: Shri Nitin Gulati, Advocate
For Respondent: Shri Ravi Kant Chaudhary, Sr. DR
Hearing: 07.04.2026Pronounced: 07.04.2026

IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH ‘SMC’, NEW DELHI Before Sh. Satbeer Singh Godara, Judicial Member ITA No.1507/Del/2026 : Asstt. Year : 2012-13

Ashish Goel, Vs Income Tax Officer, H.No.5, 2nd Floor, New Delhi Avtar Enclave, Paschim Vihar, New Delhi – 110 063. (APPELLANT) (RESPONDENT) PAN No. ALMPG3243J Assessee by : Shri Nitin Gulati, Advocate Revenue by : Shri Ravi Kant Chaudhary, Sr. DR

Date of Hearing: 07.04.2026 Date of Pronouncement: 07.04.2026 ORDER This assessee’s appeal for Assessment Year 2012-13, arises against the CIT(A)/NFAC, Panaji’s DIN & order No. ITBA/APL/S/250/2025-26/1083609158(1), dated 12.12.2025 in proceedings u/s 147 r.w.s. 144 of the Income Tax Act, 1961 (in short “the Act”).

2.

Heard both the parties. Case file perused.

3.

It transpires during the course of hearing that both the lower authorities have made Section 69A addition of Rs.7 lakhs treating cash deposits in his hands in the assessment order dated 15.11.2019 as upheld in the lower appellate discussion.

2 ITA No.1507/Del/2026 Ashish Goel vs. ITO 4. It is in this factual backdrop that the assesse is in appeal in the tribunal. He had also declared his income under presumptive taxation scheme under Section 44ADtreating the very same amount as his regular business turnover which has nowhere been specifically rejected by the Assessing Officer. I therefore find merit in the assessee’s contention that since he declared a business turnover under presumptive taxation scheme under Section 44AD of the Act, the addition made in his hands qua cash deposits of Rs.7 lakhs as unexplained money is not justified. The same stands deleted therefore.

5.

This assessee’s appeal is allowed. Order Pronounced in the open court on 07/04/2026. Sd/- (Satbeer Singh Godara) Judicial Member Dated: 14/05/2026 dk

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