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Facts
The assessee's appeal was against an order in proceedings under Section 147 of the Income-tax Act. An amount of Rs. 12 lakhs credited to the assessee's bank account was treated as unexplained by the lower authorities.
Held
The Tribunal noted that the amount was received by transfer from the assessee's husband, who was covered under the exempt category of 'relatives' as per Section 56(2)(vii)(e) of the Act. Consequently, the Tribunal found no merit in the addition.
Key Issues
Whether the receipt of Rs. 12 lakhs from husband, falling under the 'relatives' category, is taxable as unexplained income under Section 147 proceedings.
Sections Cited
147, 56(2)(vii)(e)
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Income Tax Appellate Tribunal, DELHI BENCH ‘SMC’ NEW DELHI
Before: SHRI SATBEER SINGH GODARA
O R D E R
PER SATBEER SINGH GODARA, JM:
This assessee’s appeal 2012-13 arises against CIT(A)/ NFAC, Delhi’s order dated 23.09.2024 (DIN & Order No. ITBA/NFAC/S/250/2024-25/1068979967(1), in proceedings u/s 147 of the Income-tax Act, 1961, hereinafter referred to as the ‘Act’.
Heard both the parties. Case file perused.
Coming straight to the sole substantive issue between the parties this tribunal hereby notices from perusal of the case records that both the learned lower bank account on 27.07.2011 as unexplained; in assessment order dated 27.12.2019 as upheld in the lower appellate discussion.
It is in this factual backdrop that the assessee has invited the tribunal’s attention to page 15 of the paper book indicating her to have received money by transfer amounting to Rs. 12 lakhs from her husband who is already covered in the exempt category of “relatives” u/s 56(2)(vii)(e) of the Act as applicable at the relevant point of time. This tribunal accordingly finds no merit in the impugned addition made by the lower authorities which is hereby deleted in very terms therefore.
Order pronounced in open court on 24.12.2025.