BINOD KUMAR CHAUDHARY,HARIHAR GANJ PALAMU vs. INCOME TAX OFFICE , DELHI
What did the Tribunal hold?
The Tribunal decided to allow a lumpsum assessment of the cash deposits at 10%, similar to other assessed entries, and directed that the assessment under Section 115BBE should follow normal provisions as the section is effective from April 1, 2017. The cash deposit was made before this date.
What were the facts?
The assessee's appeal concerns cash deposits made during demonetization amounting to Rs. 1,08,15,310/-. The lower authorities treated these deposits as unexplained. The assessee did not appear for the hearing.
What were the issues?
Whether cash deposits made during demonetization are unexplained and if Section 115BBE applies to transactions prior to its effective date.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, DELHI BENCH: ‘E’ NEW DELHI
Before: SHRI SATBEER SINGH GODARA & SHRI MANISH AGARWAL
Date of hearing 04.12.2025 Date of pronouncement 04.12.2025 ORDER
PER SATBEER SINGH GODARA, JM
This assessee’s appeal for assessment year 2017-18, arises against the Commissioner of Income Tax (Appeals)/National Faceless Appeal Centre [in short, the “CIT(A)/NFAC”], Delhi’s DIN and order no. ITBA/NFAC/S/250/2024-25/1071934929(1), dated 07.01.2025 involving proceedings under section 144 of the Income- tax Act, 1961 (hereinafter referred to as ‘the Act’).
Case called twice. None appears at the assessee’s behest. He is accordingly proceeded ex-parte.
Learned CIT(DR) vehemently argues that both the lower authorities herein have rightly treated the assessee’s cash deposits during demonetization amounting to Rs.1,08,15,310/- as unexplained under section 69A r.w.s. 115BBE of the Act; in assessment order dated 29.12.2019 as upheld in the lower appellate discussion.
That being the case, the Revenue could hardly dispute the clinching fact emanating from para 9 in the Assessing Officer’s assessment order herein dated 29.12.2019 that the assessee has already assessed @ 10% of his other cash deposit/credit entries amounting to Rs.1,03,813/- thereby making it clear that his business activity of fruits and vegetables, commissioner agents etc. is not the issue in principle. We thus deem it appropriate in the larger interest of justice that a lumpsum assessment of the assessee’s cash deposits addition herein of Rs.1,08,15,310/- at the very rate of 10% would be just and proper with a rider that the same shall not be treated as a precedent. Necessary computation shall follow as per law.
So far as assessee’s assessment under section 115BBE is concerned, we quote S.M.I.L.E. Microfinance Ltd. Vs. ACIT, W.P. (MD) No.2078 of 2020 & 1742 of 2020, dated 19.11.2024 (Madras) that the impugned statutory provision would come into effect on the transaction done on or after 01.04.2017 only. The assessee is accordingly directed to be assessed under the normal provision as per law.
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