SHOHINI DEY,GHAZIABAD vs. THE COMMISSIONER OF INCOME TAX (APPEALS), DELHI

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ITA 2963/DEL/2024Status: DisposedITAT Delhi29 November 2024AY 2012-13Bench: SHRI SATBEER SINGH GODARA (Judicial Member)2 pages

In favour of the assessee: the assessee's appeal was allowed. From the AI summary of this appeal.

AI SummaryAllowed

What did the Tribunal hold?

The Tribunal observed there was no material to prove the assessee herself deposited the cash sums. Since the husband made the deposits and the addition was made in the wife's hands at 50%, the Tribunal found no merit to sustain the impugned addition against the assessee. The appeal was allowed as the assessee had not made any cash deposit.

What were the facts?

The assessee, Shohini Dey, challenged an addition of Rs. 20,24,780/- made under section 69 of the Income-tax Act, 1961, for cash deposits in a joint bank account maintained with her husband. The lower authorities had made the addition, with 50% attributed to the assessee, on the grounds that she failed to explain the source of these deposits. The deposits were found to have been made by the husband.

What were the issues?

Whether an addition under section 69 for cash deposits in a joint bank account can be sustained against the wife when she did not make the deposits and the source was identified as the husband.

Which sections of the Income-tax Act were involved?

Section 69,Section 147,Section 143(3)

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, DELHI BENCH ‘SMC’ NEW DELHI

Before: SHRI SATBEER SINGH GODARA

For Respondent: Shri Yogesh Sharma, Sr. DR
Hearing: 05.11.2024Pronounced: 29.11.2024

O R D E R PER SATBEER SINGH GODARA, JM:

This assessee’s appeal for assessment year 2012-13 arises against National Faceless Appeal Centre (NFAC), Delhi’s DIN and order no. ITBA/NFAC/S/250/2023-24/1056320266(1), dated 20.09.2023, in case no. CIT(A) Noida-1/11097/2019-20, in proceedings u/s 147 read with section 143(3) of the Income-tax Act, 1961, hereinafter referred to as the ‘Act’.

2.

Heard both the parties at length. Case file perused.

3.

It emerges at the outset that the assessee is aggrieved against both the lower authorities’ action making section 69 addition of Rs. 20,24,780/- made in the joint account maintained with her husband.

4.

The Revenue has drawn strong stand from the impugned addition made in the lower proceedings on the ground that the assessee (wife) had failed to explain source thereof in assessment as well as in the lower appellate proceedings. It is in this factual background that although the assessee has maintained her joint bank account with her husband, there is no material in the case file that she had herself deposited the cash sums, which is the subject matter of addition. All what transpires is that assessee’s husband’s in fact had the deposits which in turn have been assessed in her hands @ 50%. It is in these peculiar facts and circumstances that I find no merit to sustain the impugned addition as the assessee had not made any cash deposit in her bank account. Ordered accordingly.

5.

This assessee’s appeal is allowed in above terms.

Order pronounced in open court on 29.11.2024.

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