PREM LATA KHANNA,DELHI vs. ITO WARD 34(2) DELHI, INCOME TAX DEPARTMENT
Income Tax Appellate Tribunal, DELHI BENCH ‘SMC’, NEW DELHI
Before: Sh. Satbeer Singh Godara
This assessee’s appeal for Assessment Year 2017-18, arises against the CIT(A)/NFAC, Delhi’s DIN & order No.
ITBA/NFAC/S/250/2023-24/1067780461(1) dated
20.08.2024, in proceedings u/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 sole substantive issue between the parties wherein the learned lower authorities have added the assessee’s cash deposits during demonetization amounting to Rs.13,77,822/- as unexplained, learned counsel has referred to her paper book running into 115 pages explaining source thereof Prem Lata Khanna
2
as her rental income (in cash), past accumulated savings and her deceased husband
(a Chartered
Accountant)’s cash withdrawal duly supported by the cash flow statement as well.
He accordingly pleads that the impugned addition is not sustainable in law.
The Revenue on the other hand has vehemently argued that it was the assessee’s bounded duty only to plead and prove the source of her cash deposits made during demonetization. It is in this factual backdrop that the tribunal hereby notices in light of the assessee’s detailed paper book running into 115 pages that although she has not been able to satisfactorily discharge her onus of proving source of the cash deposits, the fact also remains she has indeed filed all the corresponding evidence which could not be simply brushed aside. Faced with this situation, it is deemed appropriate in the larger interest of justice that a lump sum addition of Rs.2,77,822/- only would be just and proper with a rider that the same shall not be as a precedent. The assessee gets relief of Rs.11,00,000/- in other words. Necessary computation shall follow as per the law. Prem Lata Khanna
3
5. This assessee’s appeal is partly allowed.
Order Pronounced in the Open Court on 07/01/2025. (Satbeer Singh Godara)
Judicial Member
Dated: 07/01/2025
*Subodh Kumar, Sr. PS*