BABA BAKHT MAL JI SURI MEMORIAL CHARITABLE TRUST,NEW DELHI vs. ITO, WARD -30(8), NEW DELHI
What did the Tribunal hold?
The Tribunal noted the relevance of the additional evidences, which the Revenue did not dispute. In the interest of justice, the Tribunal restored the assessee's appeal to the Assessing Officer for fresh adjudication, conditional on the taxpayer submitting and proving all relevant facts within three opportunities. The appeal was allowed for statistical purposes.
What were the facts?
The assessee challenged an addition of Rs. 11.92 lakhs made under section 69A for unexplained cash deposits for AY 2017-18, initiated through proceedings under section 144. The assessee submitted 111 pages of additional evidences under Rule 29 of the ITAT Rules to explain the source of these deposits.
What were the issues?
Whether the addition of Rs. 11.92 lakhs as unexplained cash deposits under section 69A of the Income-tax Act, 1961 was justified, in light of additional evidences submitted by the assessee.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, DELHI (SMC
Date of hearing 23.12.2024 Date of pronouncement 23.12.2024 ORDER This assessee’s appeal for assessment year 2017-18, 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/250/2023- 24/1054431348(1) dated 18.07.2023 involving proceedings under section 144 of the Income-tax Act, 1961 (hereinafter referred to as ‘the Act’).
Cases called twice. None appeared at the assessee’s behest. I accordingly proceeded ex parte against the appellant.
It emerges during the course of hearing that whilst challenging correctness of both the learned lower authorities’ action in making section 69A addition of Rs.11.92 lakhs as unexplained representing cash deposits, the assessee has filed its additional evidences running into 111 pages under rule 29 of the ITAT Rules thereby explaining the source thereof.
It is in this factual backdrop that the Revenue could hardly dispute that the assessee’s foregoing additional evidences indeed goes to root of the matter, being in the nature of relevant material for adjudication of the foregoing sole substantive issue. Faced with this situation, I deem it appropriate in the larger interest of justice to restore the assessee’s appeal back to the Assessing Officer for his fresh adjudication with the rider that the taxpayer shall submit and prove all the relevant facts at it’s own risk and responsibility, within three effective opportunities in consequential proceedings. Ordered accordingly.
This assessee’s appeal is allowed for statistical purposes.
Order pronounced in the open court on 23rd December, 2024.
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
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