ASHWINI RAVINDRA BIROLE,PUNE vs. ITO WARD-6(3), PUNE
What did the Tribunal hold?
The Tribunal upheld the addition of unexplained money deposits under Section 69A, finding that the assessee failed to prove her business activity. The Tribunal also directed the AO to consider the peak amount of bank deposits, allowing for a telescopic benefit from the previous assessment year.
What were the facts?
The assessee claimed to have carried out trading in the steel sector and filed paper books. However, she failed to provide VAT/sales tax registration, business place details, or go-down receipts to substantiate her trading activity.
What were the issues?
Whether the assessee proved her business activity to claim the benefit of presumptive taxation under Section 44AD, and the validity of additions made under Section 69A for unexplained money deposits.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
Cases cited in this judgment(2)Show listHide list
Detected automatically from the text. Citations are also linked where they appear in the judgment. The count shows how many other judgments on BharatTax rely on the same authority.
- Sumati Dayal v. CIT1,967 citing214 ITR 801 · 1995 · SC · Read judgment
- CIT v. Durga Prasad More1,579 citing82 ITR 540 · 1971 · SC
Income Tax Appellate Tribunal, PUNE BENCH “A”, PUNE
Before: SHRI S. S. GODARA & SHRI DR. DIPAK P. RIPOTE
ORDER PER S. S. GODARA, JM: These assessee’s twin appeals and 2016/PUN/2019 for assessment years 2015-16 and 2016-17 arise against the CIT(A)- 4, Pune’s as many orders; both dated 30.10.2019 passed in case no. PN/CIT(A)-4/ Ward-6(3), Pune/442/ 2017-18/455 and PN/CIT(A)-4/ Ward-6(3), Pune/214/ 2018-19/454 respectively; involving proceedings u/s 143(3) of the Income Tax Act, 1961; in short “the Act”. Heard both the parties. Case files perused.
2 & 2016/PUN/2019 2. It emerges at the outset that the assessee’s identical substantive ground(s) pleaded in both the appeals challenges correctness of section 69 unexplained money deposit addition of Rs.64,67,568/- and Rs.83,57,314/-; assessment year wise, respectively made in the lower proceedings.
There is hardly any dispute that the assessee all along has claimed to have carried out trading in steel sector as per her detailed paper books running into 62 pages in A.Y, 2015-16 and 117 pages in latter A.Y. 2016-17; respectively. Learned counsel vehemently argued that once the assessee has proved herself to have been carrying out the foregoing trading activity and all the relevant details of purchases and sales form part of records, both the learned lower authorities have erred in law and on facts in declining her the benefit of presumptive scheme of taxation u/s 44AD of the Act.
The Revenue has drawn strong support from both the learned lower authorities’ action making the impugned section 69A addition in these twin assessment years.
We have given our thoughtful consideration to the assessee’s vehement arguments and find no merit therein. We make it clear that apart from filing the foregoing documentary evidence, she has even failed to place on record either any VAT/sales tax registration as well as the corresponding business place’s details or go-down 3 ITA Nos.2015 & 2016/PUN/2019 receipts or any other supportive evidence. Hon’ble apex court’s landmark decisions in Sumati Dayal vs. CIT (1995) 214 ITR 801 (SC) and CIT vs. Durga Prasad More (1972) 82 ITR 540 (SC) have settled the law long back that any evidence filed in income tax proceedings has to be considered in the light of human probabilities and after removing all blinkers. We apply the very reasoning herein as well to note that apart from claiming herself as a trader in steel items in both these assessment years, the assessee has not proved her actual business activity at all so as to rebut the learned lower authorities’ findings. We thus affirm both these additions of Rs.64,67,568/- and Rs.83,57,314/- in principle.
The fact also remains that the assessee’s impugned bank account(s) had seen multiple withdrawals and deposits entries as it is evident from para 6 page 3 in assessment order dated 27.12.2017 for A.Y, 2015-16 before us. The factual position it is not different in the latter A.Y. 2016-17 as well. We therefore direct the learned Assessing Officer to consider addition of the “peak” sum only after considering telescopic benefit of former assessment year’s addition amount in latter assessment year; as per law within three effective opportunities of hearing. It is further made clear that it shall be the assessee’s onus only to claim and prove her “peak” amount(s) by filing all necessary detailed evidence at her own risk and
More judgments on Section 69A
- Vishal Kumar Patel(HUF), Raipur vs DCIT, Circle-1(1), RaipurITA 595/RPR/2026[2017-18]Status: Heard21 Oct 2026AY 2017-18
- Adj Agri International LLP, Rajkot vs The Income Tax Officer, Ward-1(1)(1), RajkotITA 1198/RJT/2026[2018-19]Status: Disposed21 Oct 2026AY 2018-19
- Ashok Singh, Jaipur vs ACIT, Circle-2 Jaipur, JaipurITA 1540/JPR/2025[2015-16]Status: Disposed21 Oct 2026AY 2015-16
- Hemal Paresh Madeka, Rajkot vs Asst.Commissioner of Income Tax…ITA 955/RJT/2026[2020-21]Status: Disposed19 Oct 2026AY 2020-21
- Neepaben Sunnybhai Motwani, Rajkot vs Income Tax Officer, RajkotITA 875/RJT/2026[2021-22]Status: Disposed19 Oct 2026AY 2021-22
Recent GST High Court judgments
Search GST case law →- Shri Yaras Suresh Babu Prabhu Kumar vs. The Union Of INDIATelangana · 27 Oct 2026
- Santa Singh vs. SuperintendentUttarakhand · 27 Oct 2026
- Azaad Builders vs. Assistant Commissioner SGSTUttarakhand · 27 Oct 2026
- Ganesh Trimbak Saraf And Another vs. The State Of Maharashtra And AnotherBombay · 26 Oct 2026
- M/S Monolith Resorts Private Limited vs. The CommissionerUttarakhand · 26 Oct 2026