VINODBHAI CHATURBHAI VANKAR,VADODARA vs. ASSESSMENT UNIT, IT DEPARTMENT ,THE ITO, WARD-1(2)(1), VADODARA
Income Tax Appellate Tribunal, “SMC” BENCH, AHMEDABAD
Before: DR. BRR KUMAR & SHRI SIDDHARTHA NAUTIYAL
PER SIDDHARTHA NAUTIYAL - JUDICIAL MEMBER:
This appeal has been filed by the Assessee against the order passed by the Ld. Commissioner of Income Tax (Appeals), (in short “Ld.
CIT(A)”), National Faceless Appeal Centre (in short “NFAC”), Delhi vide order dated 13.03.2025 passed for A.Y. 2019-20. 2. The assessee has raised the following grounds of appeal:
“1. The ld. CIT(Appeals) erred in law and on facts of the case, in not condoning the delay in filing appeal before him.
The ld. AO and ld. CIT(Appeals) erred in law and on facts of the case in making and sustaining the addition of Rs. 2,12,750/- on account of unexplained cash deposits, without providing proper opportunity of hearing and without properly appreciating the facts of the case and the law in that perspective.
The appellant craves leave to add, amend or alter the grounds of appeal at the time of hearing if need arise.” Asst.Year –2019-20 - 2–
The Assessing Officer made addition of Rs. 2,12,750/- being the cash deposits in the bank account of the assessee which remained unexplained. Before us, the Counsel for the asessee submitted Form 26AS as well as the bank statement held with Bank of Baroda, to demonstrate that the actual cash deposits in the bank account of the assesee were only to the tune of Rs. 1,05,000/-. On going through the supporting evidences submitted by the assessee, we are of the view that the Assessing Officer has made addition of an amount which is beyond the actual cash deposits made by the assessee in the said bank account. Accordingly, we are of the view that the additions made by the Assessing Officer is liable to be deleted.
In the result, the appeal of the assessee is allowed. This Order pronounced in Open Court on 18/07/2025 (DR. BRR KUMAR) JUDICIAL MEMBER Ahmedabad; Dated 18/07/2025
TANMAY, Sr. PSआदेश की Ůितिलिप अŤेिषत/Copy of the Order forwarded to :
1. अपीलाथŎ / The Appellant
2. ŮȑथŎ / The Respondent.
3. संबंिधत आयकर आयुƅ / Concerned CIT
4. आयकर आयुƅ(अपील) / The CIT(A)-
5. िवभागीय Ůितिनिध, आयकर अपीलीय अिधकरण, अहमदाबाद / DR, ITAT, Ahmedabad
6. गाडŊ फाईल / Guard file.
आदेशानुसार/ BY ORDER,
उप/सहायक पंजीकार (Dy./Asstt.