NIHIR SURESHCHANDRA SHAH,SABARKANTHA vs. THE ITO, WARD-1 PREVIOUSLY SK WARD-2, HIMATNAGAR

PDF · subscribers
ITA 1161/AHD/2025Status: DisposedITAT Ahmedabad25 August 2025AY 2012-13Bench: DR. B.R.R. KUMAR, VICE-PRESIDENT SHRI SIDDHARTHA NAUTIYAL (Judicial Member)2 pages
AI SummaryRemanded

What did the Tribunal hold?

The Tribunal observed that while the assessee presented details of cash deposits and withdrawals during the appeal, these had not been previously submitted to the Revenue Authorities. Consequently, the matter was remanded to the Assessing Officer to properly examine these details before deciding on any benefits related to the cash deposits.

What were the facts?

The assessee appealed against the CIT(A)'s order concerning an addition made under Section 68 of the Income-tax Act for the assessment year 2016-17. The assessee had not filed a return of income for the year, but departmental information revealed cash deposits of Rs.17.21 lakhs in their HDFC Bank account, which were brought to tax.

What were the issues?

The correctness of the addition made under Section 68 for unexplained cash deposits; consideration of new evidence regarding cash deposits and withdrawals.

Which sections of the Income-tax Act were involved?

Section 68,Section 250

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, “SMC” BENCH, AHMEDABAD

For Appellant: Shri Vipul Khandhar, AR
For Respondent: Shri Pratik Sharma, Sr. DR
Hearing: 07.08.2025Pronounced: 25.08.2025

IN THE INCOME TAX APPELLATE TRIBUNAL “SMC” BENCH, AHMEDABAD BEFORE DR. B.R.R. KUMAR, VICE-PRESIDENT SHRI SIDDHARTHA NAUTIYAL, JUDICIAL MEMBER Nihir Sureshchandra Shah, The Income Tax Officer, Vs. 4, Shantinath Society, Railway Ward-1, Station Road, Pratij, Himatnagar Sabarkantha, Gujarat-383001 Previously ITO, SK Ward- 2, Himatnagar [PAN : AJQPS 4186 G] (Appellant) .. (Respondent) Appellant by : Shri Vipul Khandhar, AR Respondent by: Shri Pratik Sharma, Sr. DR Date of Hearing 07.08.2025 Date of Pronouncement 25.08.2025 O R D E R PER DR. B.R.R. KUMAR, VICE-PRESIDENT:-

This appeal is filed by the Assessee against the order dated 11.03.2025 passed by the Ld. Commissioner of Income-Tax (Appeals), National Faceless Appeal Centre (NFAC), Delhi (“the CIT(A) in short), under Section 250 of the Income-tax Act, 1961 (“the Act”), relating to the Assessment Year 2016-17. 2. The only grievance raised by the assessee in the appeal is against the addition made by the authorities u/s 68 of the Act.

3.

The assessee has not filed his return of income for the year under consideration. As per the information available with the Department, the assessee had cash deposits of Rs.17.21 lakhs in his bank account Nihir Sureshchandra Shah Vs. ITO Asst. Year : 2012-13 - 2– maintained with HDFC Bank Ltd. account No. 4051530012945 which have been brought to tax u/s 68 of the Act by the Revenue Authorities. Before us, the assessee has given details of cash deposits and withdrawals. Since these details have not been submitted to Revenue Authorities hitherto, we remand the matter to the Assessing Officer to examine the deposits and withdrawals before extending any benefit to the cash deposits.

4.

In the result, appeal of the assessee is allowed for statistical purposes.

More judgments on Section 68

All 29,931 judgments and leading authorities on Section 68 →

Recent GST High Court judgments

Search GST case law →