SONIA,SONIPAT vs. ITO,WARD-4, SONIPAT
Income Tax Appellate Tribunal, DELHI BENCH ‘SMC’, NEW DELHI
Before: Sh. Satbeer Singh Godara
This assessee’s appeal for Assessment Year 2012-13, arises against the CIT(A)/NFAC, Delhi’s DIN & order No.
ITBA/NFAC/S/250/2023-24/1056194402(1) dated 18.09.2023 in proceedings u/s 143(3) of the Income Tax Act, 1961 (in short
“the Act”).
Case called twice. None appears at the assessee’s behest. She had appears to have not put an appearance on the preceding earlier occasions as well. The assessee is accordingly proceeded ex-parte.
Learned departmental representative vehemently submits during the course of hearing that both the lower authorities Sonia
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have rightly added the assessee’s cash deposits of Rs.20,42,790/- as unexplained u/s 68/69 of the Act, in the course of assessment framed on 20.12.2019 as upheld in the lower appellate discussion.
I have given my thoughtful consideration to the assessee’s pleadings and Revenue’s foregoing vehement contentions. So far as the assessee’s first and foremost legal ground challenging validity of the impugned reopening is concerned, it is noticed that she has not even filed the corresponding reopening reasons and therefore, the same is hereby rejected.
Next comes the correctness of the impugned addition on merits. A perusal of the assessee’s paper book at page 18 indicates that she had withdrawn cash amounts of Rs.21,17,500/- between April 2011 to March 2012 followed by re-deposits of Rs.20,42,790/-; involving multiple instances and her peak cash deposits is Rs.3,33,500/- in the month of June 2011. The necessary inference which would arise in the given facts therefore is that the assessee had re-deposited the said cash withdrawn from time to time and therefore, it is deemed appropriate in the larger interest of justice to restrict the impugned addition from Rs.20,94,790/- to the above peak Sonia
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amount of Rs.3,33,500/- only with a rider that the same shall not be treated as a precedent. Ordered accordingly.
This assessee’s appeal is partly allowed. Order Pronounced in the Open Court on 23/01/2025. (Satbeer Singh Godara)
Judicial Member
Dated: 23/01/2025
*Subodh Kumar, Sr. PS*