Facts
The Assessing Officer made an addition of Rs. 2,12,750/- for unexplained cash deposits in the assessee's bank account. The assessee contended that the actual cash deposits were only Rs. 1,05,000/-, providing Form 26AS and bank statements as evidence.
Held
The Tribunal found that the Assessing Officer had made an addition exceeding the actual cash deposits proven by the assessee. Therefore, the additions made by the Assessing Officer were deemed liable to be deleted.
Key Issues
Whether the addition for unexplained cash deposits was correctly made, considering the actual deposits proved by the assessee; and whether the delay in filing the appeal before CIT(A) should have been condoned.
Sections Cited
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, “SMC” BENCH, AHMEDABAD
Before: DR. BRR KUMAR & SHRI SIDDHARTHA NAUTIYAL
(Assessment Year: 2019-20) Vinodbhai Chaturbhai Vankar, Vs. Assessment Unit, Income Tax 1724, Ambedkarnagar, Bhayli, Department through Income Tal. Vadodara, Tax Officer, Dist. Vadodara-391410 Ward-1(2)(1), Vadodara [PAN No.AIYPV0805A] (Appellant) .. (Respondent) Appellant by : Shri Manish J Shah & Shri Rushih Patel, ARs Respondent by: Shri B. P. Makwana, Sr. DR 17.07.2025 Date of Hearing Date of Pronouncement 18.07.2025 O R D E R 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.”
Vinodbhai Chaturbhai Vankar vs. ITO Asst.Year –2019-20 - 2– 3. 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
Sd/- Sd/- (DR. BRR KUMAR) (SIDDHARTHA NAUTIYAL) VICE PRESIDENT JUDICIAL MEMBER Ahmedabad; Dated 18/07/2025 TANMAY, Sr. PS TRUE COPY आदेश की �ितिलिप अ�ेिषत/Copy of the Order forwarded to : 1. अपीलाथ� / The Appellant 2. ��थ� / The Respondent. संबंिधत आयकर आयु� / Concerned CIT 3. 4. आयकर आयु�(अपील) / The CIT(A)- 5. िवभागीय �ितिनिध, आयकर अपीलीय अिधकरण, अहमदाबाद / DR, ITAT, Ahmedabad गाड� फाईल / Guard file. 6. आदेशानुसार/ BY ORDER,