SANJEEV AGARWAL,SILIGURI vs. ITO, WARD 1(3),, SILIGURI
What did the Tribunal hold?
The Tribunal held that the deposit was made from the available cash balance of Rs. 6,50,573.05, which was recognized by the Assessing Officer. Therefore, the deposit could not be considered as income from undisclosed sources.
What were the facts?
The assessee, a grocery trader, deposited Rs. 3,14,000 in SBN notes during demonetization. The Assessing Officer treated this deposit as unexplained income, citing a lack of trade license and the source of funds.
What were the issues?
Whether the demonetized SBN notes deposited in the bank account, sourced from the assessee's available cash balance, constitute unexplained income.
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, “SMC” BENCH,
आदेश / O R D E R Per George Mathan, JM: This is an appeal filed by the assessee against the order of the CIT, APPEAL ADDL/JCIT(A)-4, PANAJI [hereinafter referred to as the ‘CIT(A)’] in appeal no. CIT(A), Siliguri/10163/2019-20 dated 10.12.2025. 2. Shri Sunil Surana, AR represented on behalf of the assessee and Shri Mrinmay Basak, Sr. DR represented on behalf of the revenue.
ITA 562/Kol/2026
It was submitted by the ld. AR that the assessee is a trader of grocery. It was the submission that the total turnover of the assessee was about Rs.34,71,990/-. It was the submission that the Assessing Officer recognised that the assessee had cash balance in cash book of Rs.6,50,573.05/- . He drew my attention at para 8 of the assessment order. It was the submission that from this cash balance as on 08.11.2016 during the period of demonetization, the assessee has deposited Rs.3,14,000/- which was in SBN notes. The Assessing Officer treated the said deposits in SBN notes in bank account as unexplained income of the assessee. It was the submission that this amount was deposited out of the cash balance available with the assessee. It was the submission that the Assessing Officer has taken the stand that the assessee did not have trade licence. 4. In reply, the ld. Sr. DR submitted that the assessee has not explained the source of Rs.3,14,000/-. He vehemently supported the orders of Assessing Officer and ld. CIT(A). 5. I have considered the rival submissions. A perusal of the facts in the present case clearly shows that in para 8 of the assessment order, the Assessing Officer recognises that after meeting personal expenses and drawings the cash balance of Rs.6,50,573.05/- is available as on 08.11.2016. The cash has been deposited out of the
ITA 562/Kol/2026
said amount of cash available. This being so, it cannot be said that the SBN notes deposited in the bank account is out of the undisclosed income of the assessee. Consequently, as the addition made by the Assessing Officer and confirmed by the JCIT(A) stands deleted. 6. In the result, the appeal of the assessee is allowed.
Order pronounced in the open court on 24/06/2026.
Sd/- (GEORGE MATHAN) न्यधनयक सदस्य / JUDICIAL MEMBER Kolkata, Dated: 24/06/2026 RS आदेश की प्रनतललपप अग्रेपर्त/Copy of the Order forwarded to : 1. अपीलार्थी / The Appellant 2. प्रत्यर्थी / The Respondent. 3. संबंधित आयकर आयुक्त / Concerned CIT 4. आयकर आयुक्त(अपील) / The CIT(A)- 5. ववभागीय प्रतततनधि, आयकर अपीलीय अधिकरण,/ DR, ITAT, Kolkata 6. गार्ड फाईल / Guard file.
BY ORDER,
Asstt. Registrar, ITAT, Kolkata
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