IQBAL,GURGAON vs. ITO, WARD- 2(5), GURGAON

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ITA 3810/DEL/2017Status: DisposedITAT Delhi18 October 2017AY 2011-124 pages
AI SummaryPartly Allowed

What did the Tribunal hold?

The Tribunal held that considering the entire factual scenario, the source of cash deposit of Rs. 3 lac cannot be considered as unexplained. The addition was ordered to be deleted.

What were the facts?

The assessee made cash deposits of Rs. 28.65 lac in his bank account. The Assessing Officer added Rs. 3 lac as unexplained, which was affirmed by the CIT(A). The assessee is an employee with three brothers who also work in employments.

What were the issues?

Whether the cash deposits of Rs. 3 lac in the assessee's bank account were unexplained and thus liable for addition.

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, DELHI BENCHES : SMC : NEW DELHI

Before: SHRI R.S. SYAL

For Appellant: Shri S.L. Kunal Aggarwal, CA
For Respondent: Shri T. Vasanthan, Sr. DR
Hearing: 18.10.2017Pronounced: 18.10.2017

ORDER This appeal by the assessee is directed against the order passed by the CIT(A) on 27.09.2016 in relation to the assessment year 2011-12.

2.

The grounds challenging initiation of reassessment were not pressed by the ld. AR. The same are, therefore, dismissed as not pressed.

3.

The only other issue which survives in this appeal is against the confirmation of addition of Rs.3 lac.

4.

Briefly stated, the facts of the case are that the assessee made cash deposits of Rs.28.65 lac in his bank account maintained with HDFC Bank. On being called upon to explain the source of deposits, the assessee submitted explanation which was accepted to the tune of Rs.25.05 lac. Remaining cash deposits of Rs.3 lac were added by the Assessing Officer. Such an addition came to be affirmed in the first appeal. The assessee is aggrieved against the sustenance of such an addition.

5.

I have heard the rival submissions and perused the relevant material on record. The assessee deposited a sum of Rs.1 lac in his bank account on 29.12.2010 and a further sum of Rs.2 lac on 27.01.2011. The assessee is a small time employee. Here is a case in which the assessee has three brothers living together with their mother. The other three brothers are also having certain employments. This shows that all the three brothers, working as employees at lower posts, deposited a total sum of Rs.3 lac in the bank account maintained in the name of the assessee, which is not unreasonable. Considering the entire factual scenario prevailing in this case, I am of the considered opinion that the source of cash deposit of Rs.3 lac cannot be considered as unexplained.

I, therefore, order for the deletion of addition.

6.

In the result, the appeal filed by the assessee is partly allowed.

The order pronounced in the open court on 18.10.2017.

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