SHIVANI GUPTA,DELHI vs. WARD 70(1), NEW DELHI
आयकर अपीलीय अधिकरण
धिल्ली पीठ “एस एम सी”, धिल्ली
श्री धिकास अिस्थी, न्याधयक सिस्य
IN THE INCOME TAX APPELLATE TRIBUNAL
DELHI BENCH “SMC”, DELHI
BEFORE SHRI VIKAS AWASTHY, JUDICIAL MEMBER
आअसं.7074/धिल्ली/2025 (नि.व. 2017-18)
Shivani Gupta,
50, Second Floor, Vigyan Vihar, Delhi 110092
PAN: AFMPG-9292-B
...... अपीलार्थी/Appellant
बिाम Vs.
Ward-70(1), R. No. 1009, E-2, Civic Centre,
New Delhi 110002
..... प्रनिवादी/Respondent
अपीलार्थी द्वारा/Appellant by : Shri V. Raj Kumar, Advocate
प्रधििािीद्वारा/Respondent by : Shri Manoj Kumar, Sr. DR
सुिवाई की निथर्थ/ Date of hearing
:
16/12/2025
घोषणा की निथर्थ/ Date of pronouncement
: 12/03/2026
आदेश/ORDER
PER VIKAS AWASTHY, JM:
This appeal by the assessee is directed against the order of Additional/Joint Commissioner of Income-tax (Appeals)-4, Chennai (hereinafter referred to as ‘the CIT (A)’) dated 10.09.2025, for the Assessment Year 2017-18. 2. The appeal is time barred by 3 days. The assessee has filed an application supported by an affidavit citing reasons causing delay in filing of appeal. After perusal of the same, I am satisfied that delay in filing of appeal is not intentional, the delay has been caused for the reasons stated in petition which appears to be bonafide. Thus, delay in filing of appeal is condoned and appeal is admitted for decision on merits.
3. In appeal, the assessee has assailed the order of CIT(A) in confirming addition of Rs.9,79,500/- u/s.69A r.w.s. 115BBE of the Income Tax Act, 1961
(hereinafter referred to as ‘the Act’) on account of cash deposits during demonetization.
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4. During the course of assessment proceedings, the Assessing Officer (AO) questioned source of cash deposits aggregating to Rs.11,79,500/- in various bank accounts of the assessee. The assessee explained the source of cash deposits as earlier withdrawals from the Bank and cash in hand. The AO after considering submissions of the assessee allowed relief of Rs.2,00,000/- and made addition of remaining amount of Rs.9,79,500/- as unexplained money u/s 69A r.w.s. 115BBE of the Act. The assessee carried the issue in appeal before the CIT(A), but remained unsuccessful. Hence, the present appeal.
5. Both sides heard. The ld. Counsel for the assessee has placed on record assessee’s saving bank account statement with The Vaish Corporative New Bank
Ltd. for the period 01.04.2016 to 31.03.2017. A perusal of the said bank statement shows that there are drawings from the said bank account aggregating to Rs.4,00,000/- just before the demonetization on:
Date
Amount
03.10.2016
Rs.3,00,000/-
19.10.2016
Rs. 1,00,000/-
The proximity of withdrawal of aforesaid amounts from the Bank and re- deposit shortly thereafter in the month of November is plausible. Therefore, source of deposit of Rs.4,00,000/- is accepted. Apart from said bank statement the assessee has furnished cash flow statement. The said statement is a self- serving document hence no much reliance can be placed on the same.
7. The assessee has also claimed that withdrawals of Rs. 40,000/- on 25.04.2016 from The Vaish Co-op New Bank Ltd. were also part of deposits during demonetization. The said withdrawal was made more than six months back, hence, it is not plausible that the said amount would be available with the assessee even after six months for deposit.
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8. In the result, the assessee gets further relief of Rs. 4,00,000/-. The addition of balance amount of Rs.5,79,500/- is confirmed.
9. I find that the AO has invoked provisions of section 115BBE of the Act. The Hon’ble Madras High Court in the case of SMILE Microfinance Ltd. vs. ACIT, WP
(MD) No.2078 of 2022 decided on 19.11.2024 has held that amendment to section 115BBE of the Act would come into effect from 01.04.2017 i.e. relevant to AY 2018-19 onwards. Thus, in the impugned assessment year un-amended provisions of section 115BBE of the Act would apply.
10. In the result, appeal of the assessee is partly allowed.
Order pronounced in the open court on Thur ay the 12th day of March,
2026. (VIKAS AWASTHY)
न्यानयक सदस्य/JUDICIAL MEMBER
धिल्ली/Delhi, ददिांक/Dated 12/03/2026
NV/-
प्रतिलिपि अग्रेपििCopy of the Order forwarded to :
1. अपीलार्थी/The Appellant ,
2. प्रनिवादी/ The Respondent.
3. The PCIT/CIT(A)
4. ववभागीय प्रनिनिथि, आय.अपी.अथि., दिल्ली /DR, ITAT, धिल्ली
5. गार्ड फाइल/Guard file.
BY ORDER,
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(Asstt.