ARCHANA SHARMA,MORADABAD U. P. vs. SELF, INCOME TAX OFFICER

The instant appeal filed by the assessee is directed against the order dated 08.03.2024 passed by the CIT(A) National Faceless Appeal Centre (NFAC), Delhi, arising out of the Assessment order dated 13.11.2019 passed by the ITO 2(1) Moradabad, Under Section 143(3) of the Income Tax Act (hereinafter referred to as ‘the Act’) for Assessment Year 2017-18.

The assessee before us an individual filed her return of income for the year under consideration on 26.03.2018 at Rs.3,96,400/-. During the demonetization period cash was deposited by her to the tune of Rs.12,59,500/- in her bank account and the case was, therefore, selected for limited scrutiny. During the assessment proceeding though notices were served upon the assessee nothing was forthcoming and the assessment proceeding was finalized upon making addition of the entire cash deposit of Rs.12,59,500/- as unexplained cash credit under Section 69A of the Act which was further confirmed by the First Appellate Authority. Hence, the instant appeal before us.

At the time of hearing of the instant appeal, the Ld. Counsel appearing for the assessee submitted before us that the assessee a widow lost both her father and then her husband during Covid, was a teacher in Haridwar till her marriage and even after marriage started giving private tuitions and her entire earning was in cash. The father of the assessee died in 20.10.2020 and at the time of death some cash was given to her by him. The disputed cash deposit was out of the said amount given to the assessee by her father and also out of her tuition income which has not been considered by the Ld. CIT(A) and appeal was wrongly dismissed as submitted by the Ld. A.R.

However, since the case was not properly represented before the Assessing Officer the Ld. D.R prayed for setting aside the issue to the file of the Ld. AO.

In the result, the appeal of the assessee is allowed.