SHRI PIYUSH MATHUR,AHMEDABAD vs. THE INCOME TAX OFFICER, WARD 7(2), AHMEDABAD
What did the Tribunal hold?
The Tribunal found no reason to disagree with the lower authorities' decision to treat the deposits as unexplained. The assessee failed to provide any evidence to substantiate his claims regarding the source of the funds.
What were the facts?
The assessee deposited Rs. 62.18 lacs in his savings bank account and claimed it was commission income and an advance made to another person. However, he failed to provide any supporting documents to prove the identity, genuineness, and creditworthiness of these deposits.
What were the issues?
Whether the unexplained cash deposits in the assessee's bank account can be added to his income under Section 69A of the Income Tax Act when the assessee fails to provide satisfactory explanation and supporting evidence.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, AHMEDABAD “A” BENCH AHMEDABAD
PER S. S. GODARA, JUDICIAL MEMBER
This assessee’s appeal for assessment year 2009-10 arises against the CIT(A)-I, Thane’s order dated 19.07.2013, upholding Assessing Officer’s action making Section 69A addition of Rs.31.09 lacs in assessment order dated 29.12.2011, in proceedings u/s. 143(3) of the Income Tax Act, 1961; in short “the Act”.
ITA No. 2439/Ahd/13 [Shri Piyush Mathur vs. AO] A.Y. 2009-10 - 2 -
Case called twice. None appears at assessee’s behest despite service of notice affected through department. Relevant service records already forms part of a case record. The assessee is accordingly proceeded ex parte.
Relevant facts are in a very narrow compass. There is no dispute about the assessee to have deposited the sum in question of Rs.62.18lacs in his savings bank account. He pleaded in assessment proceedings that he had received commission income from M/s. Piyush Mathur & Co. and passed advanced made to one Shri C C. Shah to the tune of Rs.9.5lacs. We notice from assessment order that he could not file any such confirmation, bank statement or their returns so as to prove identity, genuineness and creditworthiness of the above deposits. The Assessing Officer therefore treated the same s unexplained u/s.69A of the Act to make the impugned addition in assessment order dated 29.12.2011. The CIT(A) affirms Assessing Officer’s action in his ex parte lower appellate order.
We have heard learned Departmental Representative strongly supporting the impugned addition. It emerges that the assessee’s instant case file does not contain even a single relevant document to explain his above cash deposits. We therefore find no reason to defer with both the lower authorities’ action making the impugned addition. The assessee fails in his sole substantive ground.
This assessee’s appeal is accordingly dismissed.
[Pronounced in the open Court on this the 29th day of November, 2017.]
Sd/- Sd/- (PRADIP KUMAR KEDIA) (S. S. GODARA) ACCOUNTANT MEMBER JUDICIAL MEMBER Ahmedabad: Dated 29/11/2017
More judgments on Section 69A
- Vishal Kumar Patel(HUF), Raipur vs DCIT, Circle-1(1), RaipurITA 595/RPR/2026[2017-18]Status: Heard21 Oct 2026AY 2017-18
- Adj Agri International LLP, Rajkot vs The Income Tax Officer, Ward-1(1)(1), RajkotITA 1198/RJT/2026[2018-19]Status: Disposed21 Oct 2026AY 2018-19
- 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
Recent GST High Court judgments
Search GST case law →- M/S.Pradeep Kumar Mahapatra, Bhubaneswar vs. Superintendent Bhubaneswar-Iii Circle, CGST Range, BhubaneswarOrissa · 15 Oct 2026
- Dillip Kumar Behera vs. The Assistant Commissioner Of State Tax, Mayurbhanj CircleOrissa · 15 Oct 2026
- Dillip Kumar Behera vs. The Assistant Commissioner Of State Tax, Mayurbhanj CircleOrissa · 15 Oct 2026
- Tvl.Dev Construction vs. The Proper OfficerMadras · 15 Oct 2026
- Abbal Dass Arya vs. Commissioner State Goods And Services Tax CommissionerUttarakhand · 15 Oct 2026