ITO, WARD-30(5), DELHI vs. RAGHAV GOEL, DELHI
What did the Tribunal hold?
The Tribunal held that treating cash deposits as unexplained on the basis of books of account without legally rejecting them is not permissible. The impugned orders of the AO and CIT(A) were set aside as unsustainable.
What were the facts?
The assessee filed a return of income for AY 2017-18. A survey was conducted, and information regarding cash deposits during the demonetization period was obtained. The Assessing Officer (AO) made an addition of Rs. 2,81,46,500/- as undisclosed income, which was later restricted by the CIT(A) to 2% of this amount.
What were the issues?
Whether the CIT(A) erred in restricting the addition made by the AO and whether the cash deposits were sufficiently explained by the assessee's books of account and VAT returns.
Which sections of the Income-tax Act were involved?
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- Lalchand Bhagat Ambica Ram v. CIT570 citing37 ITR 288 · 1959 · SC
Income Tax Appellate Tribunal, “C” BENCH, DELHI
Before: SHRI S RIFAUR RAHMAN & SHRI VIMAL KUMAR
Heard together (2 matters)
Read from the judgment's own cause title. This page is filed under one of them.
PER VIMAL KUMAR, JM:
The appeal filed by the department of revenue and Cross Objection
filed by the assessee are against the order dated 10.01
The order continues below.
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