PARVEEN,VPO KHANDA KHERI vs. ASSESSMENT UNIT, INCOME TAX DEPARTMENT, HISAR

Case called twice. None appears at the assessee’s behest. He is accordingly proceeded ex-parte.

Coming to the assessee’s quantum appeal ITA No. 4745/Del/2024, learned departmental representative vehemently argues during the course of hearing that both the lower authorities have rightly assessed his cash deposits of Rs.6,32,000/- as unexplained u/s 69A r.w.s. 115BBE of the Act on account of his failure to explain source thereof.

It is in this factual backdrop that the case file indicates that there could be hardly any dispute about the assessee having made actual cash deposits of Rs.6,32,000/- in the relevant previous year and he could not plead and prove all the relevant fact explaining it’s source in the lower appellate proceedings. The fact however remains that the assessee’s or his family’s social economic status vis-à-vis past accumulations could not be altogether denied in such an instance. Faced with this situation, it is deemed appropriate that a lump sum addition of Rs.1,00,000/- only out of Rs.6,32,000/- would be just and proper with a rider that the same shall not be as a precedent. The assessee gets relief of Rs.5,32,000/- in other words. Necessary computation shall follow as per law.

Now comes the assessee’s latter appeal ITA No. 4746/Del/2024 challenging Rs.10,000/- penalty on account of alleged non-cooperation thereby making the learned lower authorities to invoke section 272A(1)(d) of the Act. The learned departmental representative could hardly dispute that most of the hearings in the assessee’s assessment has taken place during Covid-19 pandemic outbreak and therefore, his no cooperation could very well be held justifiable in very terms. Ordered accordingly.