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Facts
The assessee's appeal for AY 2008-09 arose against the CIT(A)'s order concerning proceedings under Section 147 r.w.s. 144. The Assessing Officer had added the entire cash deposits of Rs. 11,80,000/- as unexplained.
Held
The Tribunal noted that the AO had accepted the taxpayer's business of trading and commission in remand proceedings. The CIT(A) had added Rs. 6,61,443/- as unexplained cash deposits. The Tribunal restricted the addition to Rs. 1,61,443/- in the interest of justice, stating this estimation would not be a precedent.
Key Issues
Whether the addition of unexplained cash deposits was justified and the quantum of addition.
Sections Cited
147, 144
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Income Tax Appellate Tribunal, AGRA BENCH, AGRA
Before: SHRI SATBEER SINGH GODARA & SHRI MANOJ KUMAR AGGARWAL
ORDER
Per Satbeer Singh Godara, Judicial Member:
This assessee’s appeal for assessment year 2008-09, arises against the Commissioner of Income Tax (Appeals)-Aligarh’s order in appeal no. 29/2016-17/Aligarh dated 23.06.2018, involving proceedings under section 147 r.w.s. 144 of the Income-tax Act, 1961 (hereinafter referred to as ‘the Act’).
Heard both the parties at length. Case file perused.
We note during the course of hearing that the learned Assessing Officer has framed assessment on 09.03.2016 adding assessee’s entire cash deposits of Rs.11,80,000/- as unexplained whereas he appears to have submitted his remand report in the lower appellate proceedings accepting that the taxpayer herein is engaged in the business of trading and commission etc.
Learned counsel next submits in the light of lower appellate discussion that instead of assessing assessee’s cash deposits as turnover in the business, the learned CIT(Appeals) has added cash deposits amounting to Rs.6,61,443/- as unexplained.
All these clinching facts have gone un-rebutted from the Revenue side. Faced with this situation, we deem it appropriate to restrict the impugned addition to Rs.1,61,443/- in the larger interest of justice with the rider that our estimation shall not be treated as a precedent. The assessee gets relief of Rs.5,00,000/- in other words. Ordered accordingly.
5. This assessee’s appeal is partly allowed. Order pronounced in the open court on13THFebruary, 2025.