PARDEEP KUMAR,DELHI vs. ITO WARD 44(3), NEW DELHI
Income Tax Appellate Tribunal, DELHI BENCH ‘SMC’, NEW DELHI
Before: Sh. Satbeer Singh Godara
This assessee’s appeal for Assessment Year 2012-13, arises against the CIT(A)/NFAC, Delhi’s DIN & order No.
ITBA/NFAC/S/250/2024-25/1070735486(1) dated 28.11.2024, in proceedings u/s 147 r.w.s. 144 of the Income Tax Act, 1961
(in short “the Act”).
Heard both the parties at length. Case file perused.
It emerges during the course of hearing that both the learned lower authorities have added the assessee’s cash deposits of Rs.12,83,000/-, as unexplained, in the course of assessment framed on 28.11.2019 and upheld in the lower appellate discussion. Pardeep Kumar 2 4. A perusal of the case records indicates that the assessee had filed his return way back 14.02.2013 declaring business income u/s 44AD of the Act to the tune of Rs.1,99,694/- which stood summarily processed u/s 143(1) of the Act on 20.03.2013. That being the case, the inference which would arise in the assessee’s favour is that the impugned cash deposits; although not fully reconciled, represent his business turnover only. It is thus deemed appropriate in this factual backdrop that a lump sum addition of Rs.1,00,000/- only in the given facts would be just and proper with a rider that the same shall not be treated as a precedent. The assessee gets relief of Rs.11,83,000/- in other words. Necessary computation shall follow as per law.
No other ground or argument has been pressed before us.
This assessee’s appeal is partly allowed. Order Pronounced in the Open Court on 22/04/2025. (Satbeer Singh Godara)
Judicial Member
Dated: 22/04/2025
*Subodh Kumar, Sr. PS*