What did the Tribunal hold?

The Tribunal found the NFAC's order to be cryptic and lacking in examination of the facts. Therefore, the appeal was restored to the NFAC for a fresh adjudication.

The assessee claimed cash deposits of Rs 74,91,200/- were sourced from cash sales and recoveries from sundry debtors. The NFAC sustained the addition without a thorough examination of the facts.

What were the issues?

Whether the NFAC was justified in sustaining the addition on account of cash deposits without proper examination of the assessee's explanation.

Amar Kesharwani, Etawah vs ITO | ITAT Agra 2025

INCOME TAX APPELLATE TRIBUNAL AGRA BENCH "DB": AGRA SHRI SATBEER SINGH GODARA, JUDICIAL MEMBER AND

BEFORE SHRI M. BALAGANESH, ACCOUNTANT MEMBER

(Through virtual hearing)

ITA No. 379/AGR/2024 (Assessment Year: 2017-18)

Amar Kesharwani, 1, Sabit Ganj, Etawah-206 001 | Vs. | ITO, WEard-2(2)(5), Etawah -206 001 (Appellant) | (Respondent) PAN: AGJPK7538A

Assessee by : | Shri Rakesh Garg, Adv Revenue by: | Shri Shailender Shrivastava, Sr. DR Date of Hearing | 07/02/2025 Date of pronouncement | 07/02/2025

O R D E R

PER M. BALAGANESH, A. M.:

- 1. The appeal in ITA No. 379/AGR/2024 for AY 2017-18, arises out of the order of the National Faceless Appeal Centre (NFAC), Delhi [hereinafter referred to as 'ld. NFAC', in short] dated 30.07.2024 against the order of assessment passed u/s 143(3) of the Income-tax Act, 1961 (hereinafter referred to as 'the Act') dated 17.12.2019 by the Assessing Officer, ITO, Ward-2(2)(5), Etawah (hereinafter referred to as 'ld. AO'). - 2. The only effective issue to be decided in this appeal is as to whether the ld NFAC was justified in sustaining the addition made in the sum of Rs 74,91,200/- on account of cash deposits in the facts and circumstances of the instant case. - 3. We have heard the rival submissions and perused the materials available on record. On perusal of the order of the ld NFAC, we find that the assessee

had stated that the cash deposits were sourced out of cash sales made by the assessee and recoveries made from sundry debtors. We find that the order of the Learned NFAC to be very cryptic without examining the entire facts of the assessee. Hence, in the interest of justice and fairplay, we deem it fit and appropriate to restore this appeal to file of ld NFAC for de novo adjudication in accordance with law. Needless to mention the assessee be given reasonable opportunity of being heard. The assessee is directed to cooperate with ld NFAC for expeditious disposal of the appeal by not taking unwarranted adjournments. Hence, the grounds raised by the assessee are allowed for statistical purposes.

In the result, the appeal of the assessee is allowed for statistical purposes.

Order pronounced in the open court on 07/02/2025.

-Sd/- -Sd/-

(SATBEER SINGH GODARA) (M. BALAGANESH) JUDICIAL MEMBER ACCOUNTANT MEMBER

Dated: 07/03/2025

A K Keot

Copy forwarded to

- 1. Applicant - 2. Respondent - 3. CIT - 4. CIT (A) - 5. DR:ITAT

ASSISTANT REGISTRAR ITAT, New Delhi

AMAR KESHARWANI,ETAWAH vs. ITO WARD 2(2)(5), ETAWAH

What did the Tribunal hold?

What were the facts?

What were the issues?

Which sections of the Income-tax Act were involved?

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