VIKASH BAFNA,KOLKATA vs. I.T.O., WARD - 30(4), KOLKATA, KOLKATA

आयकर अपीलीय अधिकरण, “एस.एम.सी” न्यायपीठ, कोलकाता
IN THE INCOME TAX APPELLATE TRIBUNAL “SMC” BENCH KOLKATA
श्री जाजज माथन, न्याययक सदस्य के समक्ष ।
BEFORE SHRI GEORGE MATHAN, JUDICIAL MEMBER

आयकर अपील सं/ITA No.1192/KOL/2024
(नििाारण वर्ा / Assessment Year :2017-18)
Vikash Bafna
26/6, Hindustan Park Gariahat
Kolkata-700029
Vs
ITO, Ward 30(4),
Aaykar Bhavan, Dakshin, 2,
Gariahat Road, Kolkata-700031
PAN No. : AHCPB 7851 M
(अपीलार्थी /Appellant)
..
(प्रत्यर्थी / Respondent)
नििााररती की ओर से /Assessee by : Shri Amit Agarwal, AR
राजस्व की ओर से /Revenue by : Shri Shankar Naskar, Sr. DR
सुनवाई की तारीख / Date of Hearing
: 23/07/2025
घोषणा की तारीख/Date of Pronouncement
: 23/07/2025

आदेश / O R D E R
This is an appeal filed by the assessee against the order of the ld.
CIT (A), NFAC, Delhi for the Assessment Year 2017-18. 2. Shri Amit Agarwal, ld AR appeared on behalf of the assessee. Shri
Shankar Naskar, ld.Sr. DR appeared on behalf of the revenue.
3. It was submitted by the ld. AR that the AO has treated the cash deposit in assessee's bank account to an extent of Rs.12,79,500/- as unexplained cash deposit in the hands of the assessee. It was the submission that these were amounts received by the assessee on account of its agreement with The Smart Shop Travel & Beyond operated by one
Hermes. It was submitted that the agreement with Hermes was on 12.06.2014 and the assessee had also been disclosing the income therefrom. It was the submission that the assessee has transferred the funds to Hermes also which has not been considered by the AO. It was the submission that admittedly the assessee has not reconciled the bank
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account, cash deposit with the payments to Hermes. It was the prayer that the issues in this appeal may be restored to the file of ld. AO so that the assessee could reconcile the entries
4. In reply, ld. Sr. DR filed his written submissions, which reads as under:-
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5. It was the submission that the assessee has been filing its return of income in ITR-2, which is made for individual and having no business income. It was the submission that the assessee has claimed that the cash deposit which are also out of past savings but no cash as has been disclosed by the assessee. It was the submission that the arguments now placed before the Tribunal are only afterthought.
6. I have considered the rival submissions. As the ld. AR has categorically submitted that he would be in a position to produce the reconciliation of the bank entries and the cash entries with the payments to Hermes, therefore, in the interest of justice, the issues in this appeal are restored to the file of the ld. AO for readjudication afresh after providing adequate opportunity of being heard to the assessee. The assessee is directed to cooperate with the ld. AO in the readjudication proceedings positively.
7. In the result, appeal of the assessee is partly allowed for statistical purposes.

Order dictated and pronounced in the open court on 23/07/2025. (जाजज माथन)
(GEORGE MATHAN)
न्यानयक सदस्य / JUDICIAL MEMBER
कोलकाता Kolkata; ददनाांक Dated 23/07/2025
Prakash Kumar Mishra, Sr.P.S.
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आदेश की प्रनतललपप अग्रेपर्त/Copy of the Order forwarded to :

आदेशािुसार/ BY ORDER,

(