ZAKIR KHAN SHER KHAN,PUNE vs. INCOME TAX OFFICER WARD 1(3), JALGAON

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ITA 198/PUN/2026Status: DisposedITAT Pune25 August 2026AY 2020-216 pages
AI SummaryDismissed

What did the Tribunal hold?

The Tribunal upheld the order of the CIT(A)/NFAC, agreeing that the assessee failed to provide concrete evidence to corroborate their claim that the bank account did not belong to them. Therefore, the additions made by the AO were sustained.

What were the facts?

The assessee, engaged in financial services, did not file an income tax return. The Assessing Officer (AO) noted substantial cash deposits in the assessee's bank account and treated them as unexplained income. The AO completed the assessment ex-parte after the assessee failed to provide explanations.

What were the issues?

Whether the cash deposits in the bank account were unexplained and thus taxable as income. Whether the assessee provided sufficient evidence to disprove ownership of the bank account.

Which sections of the Income-tax Act were involved?

Section 69A,Section 115BBE,Section 56,Section 147,Section 142(1),Section 144,Section 144B

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, PUNE BENCH “B”, PUNE

Before: SHRI R. K. PANDA & Ms. ASTHA CHANDRA

For Respondent: Shri Sandeep Sathe, JCIT

IN THE INCOME TAX APPELLATE TRIBUNAL PUNE BENCH “B”, PUNE BEFORE SHRI R. K. PANDA, VICE PRESIDENT AND Ms. ASTHA CHANDRA, JUDICIAL MEMBER ITA No.198/PUN/2026 Assessment year : 2020-21 Mr. Zakir Khan Sher Khan ITO, Ward-1(3), 5, Jin Zopad Patti, Ram Nagar, Jalgaon Sahakari Dwakhana Parisar, Talai Vs. Road Kasoda – 425110, Tal. Erandol, Dist. Jalgaon PAN: BBOPP3458D (Appellant) (Respondent) Assessee by : None Department by : Shri Sandeep Sathe, JCIT Date of hearing : 28-07-2026 Date of pronouncement : 25-08-2026

O R D E R PER ASTHA CHANDRA, JM:

This appeal filed by the assessee is directed against the order dated 19.12.2025 of the Ld. CIT(A) / NFAC, Delhi relating to assessment year 2020-21.

2.

None appeared for and / or on behalf of the assessee when the matter was called for hearing on 28.07.2026. No application seeking adjournment of the case has been filed. A perusal of the order sheet entries shows that on previous occasions also, no one was appearing. Under these circumstances, we deem it proper to decide this appeal on the basis of material available on record and after hearing the Ld. DR.

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3.

Facts of the case, in brief, are that the assessee is an individual and engaged in the business of financial service activities. He has not filed his return of income for the impugned assessment year. As per information received through portal under RMS Non-Filers category, the Ld. Assessing Officer (“AO") noted there were substantial cash deposits, cash withdrawals and commission income during FY 2019-20 in the bank account of the assessee with the Central Bank of India. Accordingly, statutory notices were issued under sections 148, 142(1) and 144 of the Income Tax Act, 1961 (hereinafter referred to as ‘the Act’) followed by the final show cause notice / letter, but no compliance was made by the assessee except for one adjournment request. The bank statements were obtained directly from the concerned bank through notice u/s 133(6). These revealed total credits in the assessee's bank account of Rs.1,26,31,558/- (including cash deposits of Rs.12,46,050), interest income of Rs.3,159/- and commission / brokerage income of Rs.14,620/-. Since the assessee did not explain the source of the credits of Rs.1,26,31,558/-, the AO treated the same as unexplained money u/s 69A taxable under section 115BBE, interest and commission income totaling to Rs.17,779/- were added under "Income from Other Sources” u/s 56 of the Act. The assessment was completed ex-parte on 28.01.2025 u/s 144 r.w.s. 147 & 144B determining the total income of Rs.1,26,49,337/- after making the above addition(s) of Rs.1,26,31,558/- u/s 69A and Rs.17,779/- u/s 56 of the Act.

4.

The Ld. CIT(A) / NFAC dismissed the appeal of the assessee by observing as under:

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5.

Aggrieved with such order of the Ld. CIT(A) / NFAC, the assessee is in appeal before the Tribunal.

6.

Although a number of grounds have been raised by the assessee, however, all these relate to the addition of Rs.1,26,49,337/- made by the Ld. AO as unexplained cash deposits u/s 69A of the Act.

7.

We have heard the Ld. DR and perused the record. We find the Ld. AO in the instant case completed the assessment u/s 147 r.w.s. 144 r.w.s. 144B of the Act at assessed income of Rs.1,26,49,337/- of the assessee by making addition of Rs.1,26,49,337/- u/s 69A of the Act on account of cash deposits made in the bank account maintained with the Central Bank of India, the source of which remained unexplained by the assessee by filing the requisite documentary evidence. On appeal, the Ld. CIT(A) / NFAC has dismissed the assessee’s appeal for the reasons

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which we have already reproduced in the preceding paragraphs. We find that the Ld. CIT(A) / NFAC has sustained the addition made by the Ld. AO on the ground that the assessee’s contention that the concerned bank account in which the alleged cash deposits have been made does not belong to the assessee, is not corroborated by any concrete evidence. Since nothing has been brought to our notice, to take a contrary view than the view taken by the Ld. CIT(A) / NFAC, therefore, we uphold the order of the Ld. CIT(A)/NFAC.

8.

In the result, the appeal filed by the assessee is dismissed.

Order pronounced in the open Court on 25th August, 2026.

Sd/- Sd/- (R. K. PANDA) (ASTHA CHANDRA) VICE PRESIDENT JUDICIAL MEMBER पुणे Pune; दिन ांक Dated : 25th August, 2026 GCVSR Gajjala Chinna Digitally signed by Gajjala Chinna Venkata Subba Reddy Venkata Subba Reddy Date: 2026.08.25 17:13:21 +05'30' आदेश की प्रतितिति अग्रेतिि/Copy of the Order is forwarded to: 1. अपील र्थी / The Appellant; प्रत्यर्थी / The Respondent 2. 3. DR, ITAT, ‘B’ Bench, Pune 4. The concerned Pr.CIT, Pune ग र्ड फ ईल / Guard file. 5. आदेशानुसार/ BY ORDER, // True Copy // Assistant Registrar आयकर अपीलीय अदिकरण ,पुणे / ITAT, Pune

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S.No. Details Date Initials Designation 1 Draft dictated on Sr. PS/PS 2 Draft placed before author Sr. PS/PS Draft proposed & placed before 3 JM/AM the Second Member Draft discussed/approved by 4 AM/AM Second Member Approved Draft comes to the Sr. 5 Sr. PS/PS PS/PS 6 Kept for pronouncement on Sr. PS/PS 7 Date of uploading of Order Sr. PS/PS 8 File sent to Bench Clerk Sr. PS/PS Date on which the file goes to the 9 Office Superintendent Date on which file goes to the 10 A.R. 11 Date of Dispatch of order

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