ASSISTANT COMMISSIONER OF INCOME TAX, CIRCLE-SHILLONG, SHILLONG vs. SMT. INDU RANI JHA, SHILLONG

ITA 298/GTY/2018Status: DisposedITAT Guwahati02 December 2025AY 2013-14Bench: SHRI MANOMOHAN DAS, JUDICIAL MEMBER SHRI SANJAY AWASTHI (Accountant Member)6 pages
AI SummaryRemanded

What did the Tribunal hold?

The ITAT found that the CIT(A) had not sufficiently investigated the genuineness of the sources of funds, including gifts and transactions with M/s CMJ Foundation, and the implications of an ongoing CID investigation against the assessee. Noting that IDS benefits do not extend to income from certain illegal activities, the ITAT set aside the CIT(A)'s order and remanded the case back to the AO for fresh adjudication. The AO was directed to segregate year-specific deposits, verify the veracity of gifts, examine the genuineness of transactions with CMJ Foundation and Shri CM Jha, and ascertain the status of the CID case against the assessee.

What were the facts?

The Assessing Officer made additions totaling Rs. 2,70,32,472/- for AY 2013-14, citing unexplained deposits in bank accounts and undisclosed investments in fixed deposits and immovable property. The Ld. CIT(A) subsequently deleted a significant portion of these additions, accepting explanations such as gifts from the assessee's son (declared under IDS 2016) and funds from M/s CMJ Foundation. The Revenue then appealed to the ITAT, challenging the CIT(A)'s deletions and method of verification.

What were the issues?

Whether the CIT(A) was justified in deleting additions for unexplained bank deposits and investments without thorough verification of the genuineness of sources, including gifts and funds from CMJ Foundation, and considering the implications of IDS 2016 and ongoing criminal investigations.

Which sections of the Income-tax Act were involved?

Section 250,Section 143(3),Section 69A,Section 69

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, GUWAHATI BENCH, GUWAHATI

PER SANJAY AWASTHI, ACCOUNTANT MEMBER:

1.

The present appeal arises from the order u/s 250 of the Income Tax Act, 1961 (hereafter “the Act”), dated 30.08.2018, passed by the Ld. Commissioner of Income Tax (Appeals)-Shillong [hereafter “the Ld. CIT(A)].

2.

In this case, the facts in brief may be recapitulated. It is seen that the Ld. AO vide his order dated 01.02.2016, made several additions as discussed in the impugned order as under:

“The Assessing Officer had made a total addi

The order continues below.

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