ABHISHEK GOGNA,DELHI vs. ITO WARD 43(8), DELHI

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ITA 7479/DEL/2025Status: DisposedITAT Delhi23 December 2025AY 2017-18Bench: Sh. Satbeer Singh Godara (Judicial Member)3 pages
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What did the Tribunal hold?

The Tribunal acknowledged that while the assessee couldn't fully substantiate all sources, the possibility of past savings could not be entirely ruled out. Consequently, a lump sum addition of Rs. 3,49,000/- was deemed appropriate, providing relief of Rs. 9,00,000/- to the assessee. Furthermore, the Tribunal ruled that Section 115BBE is applicable only for transactions on or after April 1, 2017, directing assessment under normal provisions for the assessee.

What were the facts?

The assessee made cash deposits of Rs. 12,49,000/- during the demonetization period, which were treated as unexplained under Section 69A read with Section 115BBE of the Income Tax Act by lower authorities. The assessee argued that the sources included opening cash, bank withdrawals, tuition income, drawings, and accumulated past savings.

What were the issues?

1. Whether cash deposits made during demonetization are unexplained under Section 69A and 115BBE. 2. Applicability of Section 115BBE of the Income Tax Act, 1961 for transactions made prior to 01.04.2017.

Which sections of the Income-tax Act were involved?

Section 143(3),Section 69A,Section 115BBE

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Income Tax Appellate Tribunal, DELHI BENCH ‘SMC’, NEW DELHI

Before: Sh. Satbeer Singh Godara

Hearing: 23.12.2025Pronounced: 23.12.2025

Asstt. Year: 2017-18 Sh. Abhishek Gogna, Vs Income Tax Officer, 336, Deepali, Pitampura, Ward-43(8), Delhi-110034 New Delhi (APPELLANT) (RESPONDENT) PAN No. AQLPG0896K Assessee by: Sh. Ankit Kumar, Adv. Revenue by : Sh. Amit Shukla, Sr. DR Date of Hearing: 23.12.2025 Date of Pronouncement: 23.12.2025 ORDER This assessee’s appeal for Assessment Year 2017-18 arises against the Addl./JCIT(A)-2, Surat’s DIN & order No. ITBA/APL/S/250/2025-26/1079116811(1) dated 31.07.2025, in proceedings u/s 143(3) of the Income Tax Act, 1961 (in short “the Act”).

2.

Heard both the parties at length. Case file perused.

3.

Delay of 50 days in filing of the instant appeal is condoned in the larger interest of justice in light of Collector Land Acquisition vs. Mst. Katiji & Ors (1987) 167 ITR 471 (SC).

4.

Coming to the assessee’s sole substantive ground raised herein, it is evident at the outset that both the learned lower authorities have treated his cash deposits during demonetization amounting to Rs.12,49,000/- as unexplained

5.

Faced with this situation, learned counsel has invited the tribunal’s attention to the relevant case records indicating the assessee’s opening cash in hand as well as bank withdrawals, tuition income and drawings etc., to buttress the point that he had indeed pleaded and proved the source of the impugned cash deposits in both the lower proceedings. The fact however remains that the assessee has not been able to file and prove all of his cogent supportive evidence indicating him even having a regular source of income all along. The fact also remains that possibility of accumulated past savings in such an instance keeping in mind the assessee and his family’s socio economic status could not be altogether denied as well. Be that as it may, it is deemed appropriate that a lump sum addition of Rs.3,49,000/- only in the given facts would be just and proper with a rider that the same shall not be treated as a precedent. The assessee gets relief of Rs.9,00,000/- in other words.

6.

So far as assessee’s assessment under Section 115BBE is concerned, I quote S.M.I.L.E Microfinance Limited Vs. The ACIT CC-1 in W.P.(MD) No.2078 of 2020 & W.M.P. (MD) No. 1742 of 2020 held that the said provision applied for transactions done

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