SATISH KUMAR KAUSHAL,HIMACHAL PRADESH vs. INCOME TAX OFFICER, PARWANOO, HIMACHAL PRADESH

IN THE INCOME TAX APPELLATE TRIBUNAL “SMC” BENCH, CHANDIGARH PHYSICAL HEARING HON’BLE SHRI MANOJ KUMAR AGGARWAL, AM आयकर अपील सं. / ITA No.1040/CHANDI/2025 (िनधा�रण वष� / Assessment Year: 2017-18) Shri Satish Kumar Kaushal ITO Ward No. 2, Baddi Nalagarh, Baddi बनाम/ Vs. Parwanoo Himachal Pradesh – 173220 �ायीलेखासं./जीआइआरसं./PAN/GIR No. AIDPK-6913-H (अपीलाथ�/Appellant) : (��थ� / Respondent) अपीलाथ�कीओरसे/ Appellant by : Sh. Parikshit Aggarwal (CA) – Ld. AR ��थ�कीओरसे/Respondent by : Sh. Dr. Ranjit Kaur (Addl. CIT) – Ld. Sr. DR सुनवाईकीतारीख/Date of Hearing : 09-04-2026 घोषणाकीतारीख /Date of Pronouncement 10-04-2026 : आदेश / O R D E R 1. Aforesaid appeal by assessee for Assessment Year (AY) 2017- 18 arises out of an order of learned Commissioner of Income Tax (Appeals), NFAC [CIT(A)] dated 28-07-2023 in the matter of an assessment framed by Ld. Assessing Officer [AO] u/s 143(3) of the Act on 25-12-2019. The registry has noted delay of 688 days in the appeal, the condonation of which has been sought by Ld. AR on the strength of condonation petition which is accompanied by an affidavit of the assessee wherein it has been stated that the assessee is a senior citizen having no formal knowledge of technology. The assessee was not aware of passing of appellate order and no physical

order was served upon him. All the communications were sent on email address of previous counsel, which the assessee was unable to access or monitor. Keeping in mind the guiding principles laid down by Hon’ble Apex Court in the case of Collector, Land Acquisition vs. Mst. Katiji & Ors. (1987; (2) TMI 61 SC) on condonation, I condone the delay in the appeal and proceed for adjudication on merits. 2. The sole grievance of the assessee is confirmation of addition of Rs.4,87,413/- which represent addition to capital account. During assessment proceedings, it was stated that the assessee was paying installment of Rs.43,166/- to Omaxe for flat which was shown as withdrawal in the capital account. The flat was in joint name with his wife. Therefore, half of the installments were recovered from his wife. Thus, amount of Rs.2,37,413/- was credited to capital account and the cash of Rs.25,000/- was also introduced which was withdrawn by the wife from his own firm dealing in medicines. The same also represent reimbursement of earlier installments. However, Ld. AO added the same to the income of the assessee for want of documentary evidences. The Ld. CIT(A) confirmed the assessment for the same very reasons Aggrieved, the assessee is in further appeal before Tribunal wherein Ld. AR has placed on record supporting documents. 3. The documents as furnished by Ld. AR include letter from assessee’s wife Smt. Bhawna Kaushal along with relevant bank statement of joint account of assessee and his wife as maintained with SBI (A/c No.65072658407). The Ld. AR has also furnished relevant extract of bank statement of the assessee as maintained with SBI (A/c

No.65052964868). The confirmation letter of Smt. Bhawan Kaushal is on record wherein she has detailed various credits as given to the assessee during this year towards her half-share of flat installments. The same aggregate to Rs.2,57,413/-. Smt. Bhawan Kaushal has also transferred amount of Rs.99,900/- for LIC premium. Further, certain cash gifts aggregating to Rs.1,30,100/- has been given by her on various dates. The bank statement duly corroborates these entries. On these facts, the sources of impugned credit stood fully explained and there remain no reason to make the impugned addition. Therefore, I direct Ld. AO to delete the same. 4. The appeal stand allowed. Order pronounced on 10th April, 2026.

-Sd- (MANOJ KUMAR AGGARWAL) ACCOUNTANT MEMBER AS Dated: 10-04-2026 आदेश की �ितिलिप अ�ेिषत /Copy of the Order forwarded to : 1. अपीलाथ�/Appellant 2. ��थ�/Respondent 3. आयकरआयु�/CIT 4. िवभागीय�ितिनिध/DR 5. गाड�फाईल/GF

ASSISTANT REGISTRAR

ITAT CHANDIGARH