KRISHNA,ROHTAK vs. ASSESSING OFFICER (FACELESS ASSESSMENT), ROHTAK

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ITA 5550/DEL/2024Status: DisposedITAT Delhi21 March 2025AY 2015-16Bench: MS. MADHUMITA ROY (Judicial Member)1 pages

In favour of the assessee: the assessee's appeal was allowed. From the AI summary of this appeal.

AI SummaryAllowed

What did the Tribunal hold?

The Tribunal held that the addition made by the Assessing Officer was not sustainable in the eyes of law, as the assessee had provided sufficient proof for the cash deposit.

What were the facts?

The assessee, a widow, deposited cash of Rs. 6,00,000/-. Out of this, Rs. 3,34,000/- was from sale proceeds, supported by a registered sale deed. The balance was from personal and joint account withdrawals.

What were the issues?

Whether the cash deposit made by the assessee, from sale proceeds and withdrawals, is adequately supported by documentary evidence to be considered as income.

Which sections of the Income-tax Act were involved?

Section 147,Section 144B

AI-generated summary — verify with the full judgment below

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

For Appellant: Shri Ashwani Kumar, CA and Shri Ankur Aggarwal, CA
For Respondent: Shri Sanjay Kumar, Sr. DR
Hearing: 20/02/2025Pronounced: 21/03/2025

IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH ‘SMC’: NEW DELHI BEFORE MS. MADHUMITA ROY, JUDICIAL MEMBER Krishna Assessing Officer 540/1, Ward-34, (Faceless Janta Colony, Rohtak Vs. Assessment), Haryana-124001 Rohtak. PAN-CIYPK5170M (Appellant) (Respondent) Assessee by Shri Ashwani Kumar, CA and Shri Ankur Aggarwal, CA Department by Shri Sanjay Kumar, Sr. DR Date of Hearing 20/02/2025 Date of Pronouncement 21/03/2025 O R D E R

PER MADHUMITA ROY, JM:

1.

The instant appeal filed by the assessee is directed against the order dated 30/09/2024 passed by the Commissioner of Income Tax (Appeals), National Faceless Appeal Centre (NFAC), [hereinafter referred to as ‘the Ld. CIT(A)] against the assessment order passed u/s 147 r. w. section 144B of the Income Tax Act, 1961 (hereinafter referred as ‘the Act’) for Assessment Year 2015-16.

2.

Deposit of cash of Rs. 6,00,000/- is the subject matter before us. The assessee, an widow categorically stated that out of the sale proceeds Rs.3,34,000/- was deposited, in support of which Krishna vs. Assessing Officer registered sale deed was also submitted before the authorities below. Further, the balance amount was deposited out of the cash withdrawal from her own account and also the joint account held by her alongwith her husband. Thus, having regard to this aspects of the matter proof whereof duly been considered, the addition is found to be not sustainable in the eyes of law and thus, deleted. 3. In the result, the appeal filed by the assessee is allowed. Order pronounced on 21/3/2025. - (MADHUMITA ROY) JUDICIAL MEMBER Dated: 21/03/2025 PK/Sr. Ps

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