VEMPATI SATISH,WEST GODAVARI vs. INCOME TAX OFFICER, WARD-2, ELURU
Facts
The assessee, a business correspondent for SBI, deposited Rs. 15.50 lakhs cash in his account during demonetization, claiming it was collected from villagers as a custodian. The A.O. and CIT(A) treated this as unexplained money under Section 69A due to lack of full customer details and made an addition, leading to a best judgment assessment under Section 144.
Held
The Tribunal condoned the delay in filing the appeal and admitted an additional ground concerning Section 115BBE. It acknowledged the bank's certificate supporting the assessee's claim and set aside the case, remanding it to the A.O. to re-adjudicate after providing the assessee a reasonable opportunity to furnish fresh documentary evidence, including complete customer details.
Key Issues
Whether cash deposits made during demonetization by a business correspondent constitute unexplained money under Section 69A, justifying a best judgment assessment under Section 144, and the applicability of the higher tax rate under Section 115BBE.
Sections Cited
144, 250, 69A, 142(1), 115BBE
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, Visakhapatnam Bench
आदेशकी प्रतततिति अग्रेतषत/ Copy of the order forwarded to:- 1. तिर्ााररती/The Assessee : Vempati Satish, 2-98, T CH R Palem, Lingapalem Mandal, West Godavari District – 534462, Andhra Pradesh. 2. राजस्व/ The Revenue : The Income Tax Officer, Ward – 2, Eluru. 3. The Principal Commissioner of Income Tax, Visakhapatnam 4. तवभागीयप्रतततितर्, आयकर अिीिीय अतर्करण, / DR, ITAT, Visakhapatnam. 5. गार्ाफ़ाईि / Guard file
आदेशािुसार / BY ORDER
Sr. Private Secretary ITAT, Visakhapatnam