AKHETO YEPTHOMI,DIMAPUR vs. INCOME TAX OFFICER, WARD 1, DIMAPUR, DIMAPUR

ITA 245/GTY/2025Status: DisposedITAT Guwahati07 January 2026AY 2021-22Bench: or at the time of hearing of the appeal.” 2.1 The assessee has raised the following grounds of appeal in ITA No. 246/GTY/2025: “1. For that on the facts and circumstances of the case, the Learned Commissioner of Income Tax (Appeals) erred in law as well as on facts in upholding the penalty levied by the Assessing Officer u/s 271B of the Income-tax Act, 1961. 2. For that the appellant urges leave to add to, modify or delete any ground of appeal, before or at the time of hearing of the appeal1 pages
AI SummaryPartly Allowed/Remanded for ITA No. 245/GTY/2025, Dismissed for ITA No. 246/GTY/2025

What did the Tribunal hold?

For ITA No. 245/GTY/2025, the Tribunal remitted the issue of cash deposits back to the AO for fresh examination, directing the assessee to provide cogent documentary evidence. For ITA No. 246/GTY/2025, the Tribunal upheld the penalty levied under Section 271B, noting the assessee's failure to maintain books of accounts and obtain an audit report despite turnover exceeding specified limits.

What were the facts?

The assessee declared a total income of Rs. 60,880/- and claimed exemption for Rs. 34,40,680/- under Section 10(26) of the Income Tax Act. The assessment revealed huge cash deposits totaling Rs. 4,27,79,090/- in the assessee's bank accounts. Despite opportunities, the assessee failed to provide a satisfactory explanation for the source of these deposits.

What were the issues?

Whether the assessee's cash deposits are explained and whether the penalty under Section 271B is sustainable for non-maintenance of books of accounts.

Which sections of the Income-tax Act were involved?

Section 69A,Section 271B,Section 10(26),Section 44AA,Section 44AB

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Income Tax Appellate Tribunal, GUWAHATI BENCH, GUWAHATI

For Appellant: Shri Anil Agarwal, FCA
Hearing: 06.01.2026

PER LAXMI PRASAD SAHU, ACCOUNTANT MEMBER:

These two appeals filed by the assessee against two separate orders passed u/s 250 of the Income Tax Act, 1961 (hereafter “the Act”) by the Ld. Commissioner of Income Tax (Appeals), National Faceless Appeal Centre, Delhi [hereafter “the Ld. CIT(A)] dated 06.06.2025, DIN & order No./NFAC/S/250/2025-26/10767667061(1) & ITBA/NFAC/S/ 250/2025-26/1076767251(1) respectively.

2.

The assessee has raised the following grounds of appeal in ITA No. 245/GTY/2025:

“1. For that on the facts and circumstances of the case, the Learned Commissioner of Income T

The order continues below.

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