RAJ KUMAR,SHIMLA vs. ASSESSING OFFICER, INCOME TAX OFFICER,

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ITA 1266/CHANDI/2025Status: DisposedITAT Chandigarh22 April 2026AY 2015-162 pages
AI SummaryRemanded

What did the Tribunal hold?

The Tribunal, considering the assessee's business activities and the possibility of proving the source of deposits, decided to set aside the impugned order. The case is restored to the AO for a fresh assessment, allowing the assessee to present its case.

What were the facts?

The assessee's appeal for AY 2015-16 concerns an addition of Rs. 51 Lacs made by the AO for cash deposits. This addition was confirmed by the CIT(A) due to the assessee's lack of representation.

What were the issues?

Whether the assessee was given a fair opportunity to present its case regarding the cash deposits and if the addition was justified without proper consideration of business activities.

Which sections of the Income-tax Act were involved?

Section 144,Section 147

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, “B” BENCH, CHANDIGARH

Before: HON’BLE SHRI RAJPAL YADAV & HON’BLE SHRI MANOJ KUMAR AGGARWAL, AM

Manoj Kumar Aggarwal (Accountant Member)

1.

Aforesaid appeal by assessee for Assessment Year (AY) 2015-16 arises out of an order of learned Commissioner of Income Tax (Appeals), NFAC [CIT(A)] dated 26-07-2025 in the matter of an assessment framed by Ld. Assessing Officer [AO] u/s 144 r.w.s. 147 of the Act on 29-09-2023. The registry has noted delay of 3 days in the appeal which stand condoned. The Ld. AR has prayed for another

opportunity of hearing before lower authorities which has been opposed by Ld. Sr. DR.

2.

In the assessment order, Ld. AO has made addition of cash deposit for Rs.51 Lacs which stood confirmed by Ld. CIT(A) for want of any representation from the assessee. Aggrieved, the assessee is in further appeal before us.

3.

Upon perusal of assessee’s paper-book, it would appear that the assessee has carried out business activities and the assessee may be in a position to establish the sources of cash deposits. Therefore, keeping in mind the principles of natural justice, we deem it fit to set aside the impugned order. The assessment stand restored back to Ld. AO for de novo assessment with a direction to the assessee to plead and prove its case.

4.

The appeal stand allowed for statistical purposes. Order pronounced on 22nd April, 2026. (RAJPAL YADAV) (MANOJ KUMAR AGGARWAL) VICE PRESIDENT ACCOUNTANT MEMBER Dated: 22-04-2026 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

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