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Facts
The assessee appealed an order for assessment year 2011-12, which was passed under section 147 r.w.s. 144 of the Income-tax Act. The core of the dispute involved additions for unexplained cash deposits of Rs. 16 lakhs and for long-term capital gains of Rs. 1,11,520/-.
Held
The Tribunal accepted the addition for long-term capital gains as there was no dispute from the assessee. However, concerning the cash deposits of Rs. 11.34 lakhs, the Tribunal held that, given the sale of land and the resulting capital gains, these deposits could be presumed to be on-money receipts from the buyers.
Key Issues
Whether cash deposits can be presumed as on-money receipts from the sale of capital assets, and the validity of assessing long-term capital gains.
Sections Cited
147, 144
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Income Tax Appellate Tribunal, DELHI BENCH: “SMC” NEW DELHI
Before: SHRI SATBEER SINGH GODARA
Date of hearing 19.01.2026 Date of pronouncement 19.01.2026 ORDER This assessee’s appeal for assessment year 2011-12, arises against the Commissioner of Income Tax (Appeals)/National Faceless Appeal Centre [in short, the “CIT(A)/NFAC”], Delhi’s DIN and order no. ITBA/NFAC/S/250/2024-25/1071056459(1), dated 10.12.2024 involving proceedings under section 147 r.w.s. 144 of the Income-tax Act, 1961 (hereinafter referred to as ‘the Act’). Heard both the parties. Case file perused.
It is noticed with the able assistance coming from both the parties that the assessee/appellant is aggrieved against the learned lower authorities’ action inter alia treating cash deposits of Rs.16 lakhs as unexplained and further assessing him for having derived long-term capital gains of Rs.1,11,520/- as well; in assessment order dated 05.09.2018 as upheld in the lower appellate discussion.
3. Both the learned representatives reiterate their respective stands against and in support of the impugned additions. There does not seem to be much a dispute between the parties regarding the assessment of the aforesaid long-term capital gains in the assessee’s hands as he is stated to have sold his land(s) in the relevant previous year, which falls in NCT area. The impugned long- term capital gains addition stands upheld therefore.
Next comes the cash deposits of Rs.11.34 lakhs made by both the learned lower authorities. The Revenue could hardly dispute that going by the assessee’s relevant capital asset sold in the relevant previous year involving long-term capital gains of Rs.1,11,520/-, the necessary presumption in such an instance would be that these cash deposits represent his on-money receipts from the buyers concerned going by Mrs. Malini Ramnath Rele Vs. Third Income-Tax Officer on [1994] 49 ITD 43 (TM) (MUM). I thus