ABHA CHAUHAN,DELHI vs. ITO WARD 43(6), DELHI
What did the Tribunal hold?
The Tribunal condoned the delay in filing the appeal. While acknowledging the assessee's failure to fully discharge the onus, the Tribunal allowed a lump sum addition of Rs. 1,73,892/- considering past savings, and directed that the consequential computation be finalized under normal provisions, not under Section 115BBE, as the section applies only from April 1, 2017.
What were the facts?
The assessee's appeal for AY 2017-18 arose against an order that treated cash deposits during demonetization as unexplained and liable to be assessed under Section 115BBE. The assessee had declared sufficient cash balance in previous years, but the lower authorities were not satisfied with the explanation for the deposits.
What were the issues?
Whether cash deposits made during demonetization were unexplained and liable under Section 115BBE, and whether Section 115BBE applies to transactions prior to April 1, 2017.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
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- Collector, Land Acquisition v. Mst. Katiji3,926 citing167 ITR 471 · 1987 · SC
Income Tax Appellate Tribunal, DELHI BENCH ‘SMC’ NEW DELHI
Before: SHRI SATBEER SINGH GODARA
per the respective computation has been duly declared. The fact however remains that she has not discharged her onus to explain the cash deposits to the entire satisfaction of both the learned lower authorities. Be that as it may, this tribunal is of the considered view that benefit of accumulated past savings and withdrawals etc. could not be altogether denied as well. It is thus deemed appropriate that a lump sum addition of Rs. 1,73,892/- only in the given facts would be just and proper with a rider that the same shall not be treated as a precedent. The assessee law.
So far as the assessee’s assessment u/s 115BBE is concerned, the revenue could hardly dispute that hon’ble Madras high court in SMILE Microfinance Ltd.
v. ACIT in WP(MD) No. 2078 of 2020 & 1742 of 2020 dated 19.11.2024 (Mad.) has already settled the issue that Section 115BBE applies on transactions on or after 01.04.2017 only. I, accordingly direct the Assessing Officer to finalize the consequential computation under normal provisions than u/s 115BBE of the Act in very terms. Ordered accordingly.
No other ground or argument has been pressed before us.
This assessee’s appeal is partly allowed. Order pronounced in open court on 27.11.2025.
More judgments on Section 115BBE
- Vishal Kumar Patel(HUF), Raipur vs DCIT, Circle-1(1), RaipurITA 595/RPR/2026[2017-18]Status: Heard21 Oct 2026AY 2017-18
- Ashok Singh, Jaipur vs ACIT, Circle-2 Jaipur, JaipurITA 1540/JPR/2025[2015-16]Status: Disposed21 Oct 2026AY 2015-16
- Hemal Paresh Madeka, Rajkot vs Asst.Commissioner of Income Tax…ITA 955/RJT/2026[2020-21]Status: Disposed19 Oct 2026AY 2020-21
- Neepaben Sunnybhai Motwani, Rajkot vs Income Tax Officer, RajkotITA 875/RJT/2026[2021-22]Status: Disposed19 Oct 2026AY 2021-22
- Neepaben Sunnybhai Motwani, Rajkot vs The Income Tax Officer, RajkotITA 874/RJT/2026[2020-21]Status: Disposed19 Oct 2026AY 2020-21
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