NARENDER SINGH,VILLAGE LOWA KHURD vs. INCOME TAX OFFICER, ROHTAK
Income Tax Appellate Tribunal, DELHI BENCH ‘SMC’, NEW DELHI
Before: Sh. Satbeer Singh Godara
This assessee’s appeal for Assessment Year 2012-13, arises against the CIT(A)/NFAC, Delhi’s DIN & order No.
ITBA/NFAC/S/250/2024-25/1066474358(1) dated
08.07.2024, in proceedings u/s 147 r.w.s. 144 of the Income Tax Act, 1961
(in short “the Act”).
Heard both the parties at length. Case file perused.
Coming straightaway to the assessee’s sole substantive grievance raised in the instant appeal that both the learned lower authorities herein have erred in law and on fact in adding his cash deposits of Rs.15,13,640/- in the course of assessment framed on 03.12.2019 as upheld in the lower appellate discussion, it emerges during the course of hearing that he in fact is a transporter/fleet owner owning four commercial prescribed vehicle (page 5 to 13 of the paper book) and Narender Singh
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therefore, once he is covered under the presumptive assessment scheme u/s 44AE of the Act, the only inference which could be drawn is that these cash deposits represents his business income. I accordingly direct the learned Assessing
Officer to frame his consequential proceedings as per law in very terms.
This assessee’s appeal is partly allowed in above terms. Order Pronounced in the Open Court on 02/01/2025. (Satbeer Singh Godara)
Judicial Member
Dated: 02/01/2025
*Subodh Kumar, Sr. PS*