SATISH,JIND vs. ASSESSING OFFICER, JIND

ITA 5619/DEL/2024Status: DisposedITAT Delhi22 April 2025AY 2011-12Bench: Sh. Satbeer Singh Godara (Judicial Member)3 pages
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What did the Tribunal hold?

The Tribunal deleted the disallowance of Rs.25,00,000/- under Section 54B, finding it an invalid enhancement that introduced a new head of income. Regarding the Rs.9,00,000/- cash deposits, considering the assessee's land sales and unproved agricultural receipts, the Tribunal confirmed a lump sum addition of Rs.5,00,000/-.

What were the facts?

The assessee appealed against the CIT(A)/NFAC order for AY 2011-12, which arose from an assessment under Section 143(3) read with Section 147. The Assessing Officer had added Rs.48,00,000/- as unexplained cash deposits, and the CIT(A) denied a Section 54B deduction of Rs.25,00,000/- while sustaining an addition of Rs.9,00,000/- related to cash deposits.

What were the issues?

1. Whether the CIT(A)'s disallowance of Section 54B deduction amounted to an invalid enhancement. 2. The correctness of the addition for unexplained cash deposits.

Which sections of the Income-tax Act were involved?

Section 143(3),Section 147,Section 144,Section 54B

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Income Tax Appellate Tribunal, DELHI BENCH ‘SMC’, NEW DELHI

Before: Sh. Satbeer Singh Godara

Hearing: 22.04.2025Pronounced: 22.04.2025

This assessee’s appeal for Assessment Year 2011-12, arises against the CIT(A)/NFAC, Delhi’s DIN & order No. ITBA/NFAC/S/250/2024-25/1069617638(1) dated 11.10.2024, in proceedings u/s 143(3) r.w.s. 147 of the Income Tax Act, 1961 (in short “the Act”).

2.

Case called twice. None appears at the assessee’s behest. He is accordingly proceeded ex-parte.

3.

It emerges during the course of hearing with the valuable assistance coming from the department side that the learned Assessing Officer had framed his section 144 assessment in the assessee’s case on 05.12.2018 adding the assessee’s entire cash deposits of Rs.48,00,000/- as unexplained. And that the learned CIT(A)/NFAC on the other hand has denied section 54B

2 Satish deduction of Rs.25,00,000/- on the one hand and s

The order continues below.

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