DEEPAK GOYAL,HASSANPUR vs. ITO, WARD-1(2), FARIDABAD
What did the Tribunal hold?
The Tribunal, considering the peculiar facts and circumstances, deemed it appropriate to make a lump sum addition of Rs.2,50,000/- instead of the original Rs.10,97,300/-. This decision provides the assessee with a relief of Rs.8,47,300/-. The Tribunal also specified that this resolution should not be treated as a precedent for other cases.
What were the facts?
The assessee filed an appeal against an addition of Rs.10,97,300/- under Section 69A for unexplained cash deposits made in Assessment Year 2017-18. The assessee claimed the source of deposits was from prior cash withdrawals and cash sales, which the Revenue could not specifically deny. However, the assessee failed to explain the impugned cash deposits in their entirety.
What were the issues?
The key issue was the validity and quantum of the addition made under Section 69A of the Income Tax Act for unexplained cash deposits, and whether the assessee adequately explained the source of these deposits.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, DELHI BENCH ‘SMC’, NEW DELHI
Before: Sh. Satbeer Singh Godara
ORDER This assessee’s appeal for Assessment Year 2017-18, arises against the order of CIT(A)/NFAC, Delhi dated 30.11.2023 in case No. ITBA/NFAC/S/250/2023- 24/1058347534(1) 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. It is accordingly proceeded ex-parte.
It is emerges during the course of hearing that the able assistance coming from the departmental side that both the learned lower authorities have made section 69A unexplained money addition of Rs.10,97,300/- in the course of assessment framed on 01.12.2019 as upheld in the lower appellate findings.
The assessee had admittedly made cash deposits of Rs.9,12,000/- and Rs.2,06,500/- in the relevant previous year and attributed source thereof of Rs.8,00,000/- representing Deepak Goyal cash withdrawals made on 27.02.2016 and cash sales of Rs.1,85,300/- as previous cash sales. The Revenue could hardly rebut the fact that there is no specific denial of the assessee’s said withdrawal figures as well as cash sales proceeds from trading business in building supplies. The facts also remains that the assessee has not been able to explain source of the impugned cash deposits in entirety.
It is deem it appropriate in these peculiar facts and circumstances that a lump sum addition of Rs.2,50,000/- in the given facts and circumstances would be just and proper with a rider that the sale shall not be treated as proceedings in other case. The assessee gets relief of Rs.8,47,300/- in other words. His instant sale of substantive grievance is partly accepted.
This assessee’s appeal is partly allowed in above terms. Order Pronounced in the Open Court on 21/11/2024.
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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