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Facts
The assessee, an individual, had their cases reopened due to a non-return filing case involving cash deposits and non-cash entries in bank accounts. The revenue's appeals were against the deletion of additions made by the Assessing Officer, which the assessee contended were based on fabricated additional evidence.
Held
The Tribunal held that the assessee had provided sufficient explanation and documentary evidence for the credit entries during assessment and appellate proceedings. The Assessing Officer had not brought any specific adverse findings, and the CIT(A) correctly found that the documents were uploaded by the assessee.
Key Issues
Whether the CIT(A) erred in deleting additions based on additional evidence not produced during assessment. Whether the assessee's explanation and evidence for cash/non-cash credit entries were sufficient.
Sections Cited
147, 144, 144B, 69A
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, “C” BENCH, DELHI
Before: SHRI ANUBHAV SHARMA & SHRI NAVEEN CHANDRA
order dated 03.06.2024 & 04.06.2024 of the Ld. National Faceless Appeal Centre (NFAC) Delhi (hereinafter referred as Ld. First Appellate Authority or in short Ld. ‘FAA’) in DIN & Order Nos. ITBA/NFAC/S/250/2024- 25/1065376729(1)/ 1065352750(1)/ 1065353813(1)/ 1065375172(1) arising out of the different order dated 30.03.2022 & 31.03.2022 passed u/s 147 r.w.s 144 read with section 144B of the Income Tax Act, 1961 (hereinafter referred to as ‘the Act’) by the National Faceless Assessment Centre, Delhi for AYs:
2014-15 to 2017-18.
These appeals were heard together and have involved common issue and questions of facts and law thus are disposed of together. to 4048, 3977/Del/2024 Indraj 3. At the outset, the Ld. DR pointed out about the delay in filing of the appeal for which we find that the delay is not of any substantial period and the same is condoned. The appeals are admitted for hearing.
The only ground asserted by the revenue is that Ld. CIT(A) has erred in deleting the addition on fabricated additional evidence which was not furnished by the assessee at the time of assessment proceedings. The confirmation produced by the assessee as additional evidence before ld. CIT(A) should not have been accepted. The issue involves is undisclosed investment under Section 69A of the Act.
The assessee is an individual and the cases were reopened being a non- return filing case and assessee had deposited cash and there was non cash deposit entries in the bank account in relevant FY.
The Ld. CIT(A) observes in para 6.6 of the impugned order for AY 2017-18 that assessee had provided explanation/justification along with documentary evidence in support of non cash credit entry and cash credit entries during assessment proceedings as well as appellate proceedings and AO has not brought any specific adverse findings during the assessment to 4048, 3977/Del/2024 Indraj proceedings as well as remand proceedings upon explanation /justification along with documentary evidences in support of non cash credit entries and cash credit entries. In fact, AO’s contention of non submission of credible documents during assessment was found incorrect as Ld. CIT(A) had found all documents were uploaded by the assessee in the assessment proceedings and in fact there is no additional evidence submitted during the course of appellate proceedings.
In light of these observations of Ld. CIT(A) which are similarly mentioned in para 6.6 of impugned order of other years of appeals also, ground as raised by the revenue has no substance. Appeals of the revenue are dismissed.
Order pronounced in the open court on 03.12.2025