NIHIR SURESHCHANDRA SHAH,SABARKANTHA vs. THE ITO, WARD-1 PREVIOUSLY SK WARD-2, HIMATNAGAR
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?
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, “SMC” BENCH, AHMEDABAD
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.
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.
In the result, appeal of the assessee is allowed for statistical purposes.
More judgments on Section 68
- ACIT Central Bilaspur, Bilaspur vs Arun Kumar Agrawal, SaktiITSSA 26/RPR/2025[2018-19]Status: Disposed21 Oct 2026AY 2018-19
- Neo Incorporation, Rajkot vs DCIT Circle- 1(2), RajkotITA 471/RJT/2026[2012-2013]Status: Disposed21 Oct 2026AY 2012-2013
- Bliss Dealtrade Private Limited, Kolkata vs Income Tax Officer - Ward 9(2) Kolkata…ITA 208/KOL/2026[2012-13]Status: Disposed21 Oct 2026AY 2012-13
- Hemal Paresh Madeka, Rajkot vs Asst.Commissioner of Income Tax…ITA 955/RJT/2026[2020-21]Status: Disposed19 Oct 2026AY 2020-21
- Ajaybhai Dineshbhai Bagdai, Near Central… vs The Income Tax Officer, Ward-1(2)(1), New…ITA 74/RJT/2026[2013-14]Status: Disposed19 Oct 2026AY 2013-14
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