IMTIYAZ AHMAD KABIRI,KHANQAH MOULLA SRINAGAR vs. INCOME TAX OFFICER WARD-3(1), SRINAGAR

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ITA 670/ASR/2024Status: DisposedITAT Amritsar20 January 2026AY 2010-11Bench: HON’BLE SHRI MANOJ KUMAR AGGARWAL (Accountant Member), SHRI UDAYAN DAS GUPTA (Judicial Member)2 pages
AI SummaryAllowed

What did the Tribunal hold?

The tribunal noted that the CIT(A) incorrectly considered facts pertaining to AY 2011-12 instead of AY 2010-11. Given this error and the assessee's willingness to substantiate the cash deposits, the tribunal set aside the impugned order and directed the AO to conduct a de novo assessment.

What were the facts?

The assessee's case was reopened for AY 2010-11 to verify cash deposits of Rs. 36,24,249 in two bank accounts. The assessee was non-compliant, leading the AO to add the deposits as income from undisclosed sources. The CIT(A) confirmed the addition but erroneously referred to facts from AY 2011-12.

What were the issues?

The primary issue was the source of unexplained cash deposits. A procedural issue arose from the CIT(A)'s error in considering facts from an incorrect assessment year.

Which sections of the Income-tax Act were involved?

Section 144,Section 147

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, “DB” BENCH, AMRITSAR

Before: HON’BLE SHRI MANOJ KUMAR AGGARWAL, AM & SHRI UDAYAN DAS GUPTA, JM

(निर्धारण वर्ा / Assessment Year: 2010-11) Shri Imtiyaz Ahmad Kabiri ITO बिधम/ C/o JK Sweets Khanqah Moulla Near Govt. Silk Factory Vs. J & K – 190002 Srinagar - 190008 स्थायीलेखासं./जीआइआरसं./PAN/GIR No. AUIPK-5708-P (अपीलाथी/Appellant) : (प्रत्यथी / Respondent) अपीलाथीकीओरसे/ Appellant by : Shri P.N.Arora (Advocate) – Ld. AR प्रत्यथीकीओरसे/Respondent by : Sh. Charan Dass (Addl. CIT) – Ld. Sr. DR सुनवाईकीतारीख/Date of Hearing : 20-01-2026 घोषणाकीतारीख /Date of Pronouncement 20-01-2026 : आदेश / O R D E R

1.

Aforesaid appeal by assessee for Assessment Year (AY) 2010-11 arises out of an order of learned Commissioner of Income Tax (Appeals), NFAC dated 08-11-2024 in the matter of an assessment framed by Ld. AO u/s 144 / 147 on 24-12-2017. Having heard rival submissions and upon perusal of case records, the appeal is disposed- off as under.

2.

The case of the assessee was reopened to verify source of cash deposits of Rs.36,24,249/- in two bank accounts. The assessee

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