MAHESH KUDARAVALLI,TENALI vs. INCOME TAX OFFICER, WARD-1, TENALI

We have heard both the sides and perused the material available on record as well as the orders of the Ld. Revenue Authorities. It is an undisputed fact that the assessee’s mother Smt. Kudaravalli Bhavani Devi was undergoing treatment for 6 “Guillain-Barré syndrome (GBS)” on various dates and was admitted to the hospital. The Ld. AR has produced her Medical Records in support of his argument. Even though this Bench has taken a view to allow only first cash deposits, out of earlier cash withdrawals, deposited during the demonetization period, considering the peculiar facts and circumstances of the instant case, we are of the view that the cash deposit made by the assessee on various dates was retained by the assessee to pay for various medical expenses of the assessee’s mother due to non-availability of New Notes during the initial demonetization period. We are therefore inclined to allow the grounds raised by the assessee and delete the addition made by the Ld. AO U/s. 69 of the Act considering the peculiar facts and circumstances of the case. It is ordered accordingly.

In the result, appeal of the assessee is allowed. Pronounced in the open Court on 04th April, 2024.

Sd/- Sd/- (दुव्िूरु आर एल रेड्डी) (एस बालाकृष्णन) (DUVVURU RL REDDY) (S.BALAKRISHNAN) न्याययक सदस्य/JUDICIAL MEMBER लेखा सदस्य/ACCOUNTANT MEMBER Dated :04.04.2024 OKK - SPS 7 आदेशकीप्रतिलिपिअग्रेपिि/Copy of the order forwarded to:- निर्धाररती/ The Assessee–Mahesh Kudaravalli, 19-15-39, Lakshmi 1. Enclave Bose Road, Tenali, Andhra Pradesh – 5322201. रधजस्व/The Revenue – Income Tax Officer, Ward-1, Tenali O/o. ITO, 2. OPP. Sai Baba Temple, Bose Road, Tenali, Andhra Pradesh – 522201.

The Principal Commissioner of Income Tax, आयकरआयुक्त (अपील)/ The Commissioner of Income Tax 4. ववभधगीयप्रनतनिधर्, आयकरअपीलीयअधर्करण, ववशधखधपटणम/ 5. DR,ITAT, Visakhapatnam गधर्ाफ़धईल / Guard file 6. आदेशधिुसधर / BY ORDER