AJAY MADHUKAR UGALE,NAGPUR vs. INCOME TAX OFFICER, WARD-1(5), NAGPUR

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ITA 49/NAG/2023Status: DisposedITAT Nagpur06 May 2024AY 2017-18Bench: SHRI SATBEER SINGH GODARA (Judicial Member)5 pages
AI SummaryPartly Allowed

What did the Tribunal hold?

The Tribunal, considering the assessee's socio-economic status and the relief already granted, decided to make a lump sum addition of Rs. 1.25 lakhs out of the Rs. 1,95,000/-. This provides the assessee with a relief of Rs. 65,000/-.

What were the facts?

The Assessing Officer made an addition of Rs. 8,68,100/- on account of cash deposits during demonetization. The NFAC restricted this addition to Rs. 1,95,000/-. The assessee appealed this restricted addition.

What were the issues?

The primary issue was the validity and quantum of addition made on account of cash deposits during demonetization, after the NFAC had already provided some relief.

Which sections of the Income-tax Act were involved?

Section 68,Section 115BBE,Section 144

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, NAGPUR “SMC” BENCH :NAGPUR [VIRTUAL HEARING]

Before: SHRI SATBEER SINGH GODARA

Hearing: 22.03.2024Pronounced: 06.05.2024

ORDER This assessee’s appeal for assessment year 2017-18, arises against the National Faceless Appeal Centre [in short the “NFAC”] Delhi’s Din and Order No. ITBA/NFAC/S/250/ 2022-23/1047999768(1), dated 14.12.2022, involving proceedings u/s.144 of the Income Tax Act, 1961 (in short “the Act”).

Case called twice. None appears at assessee’s behest. He is accordingly proceeded ex-parte.

2.

It emerges at the outset that the relevant facts herein regarding the assessee’s sole substantive grievance seeking to reverse both the learned lower authorities action

1.

2 ITA.No.49/NAG./2023 making sec.68 r.w.s.115BBE addition of Rs.1,95,000/-; are in a narrow compass indeed. The Assessing Officer admittedly made the corresponding addition of Rs.8,68,100/- representing assessee’s cash deposits made during demonetization period. And that the Ld. NFAC has already granted him a substantial relief by restricting the said addition of Rs.8,68,100/- to Rs.1,95,000/- as under :

3 ITA.No.49/NAG./2023

4 ITA.No.49/NAG./2023

3.

Learned DR has strongly supported the impugned addition. The fact however remains that keeping in mind the assessee’s socio-economic status in light of NFAC’s findings having already granted substantial relief to him; further accumulation of cash in his hands at the time of demonetization could not be altogether ruled-out. Faced with this situation, this tribunal is of the considered opinion that a lump sum addition of Rs.1.25 lakhs only out of that in question of Rs.1,95,000/- would be just and proper with a rider that the instant estimation shall not be treated as a precedent. The assessee gets relief of Rs.65,000/- only.

5 ITA.No.49/NAG./2023 Necessary computation shall follow as per law. Ordered accordingly.

4.

This assessee’s appeal is partly allowed in above terms.

Order pronounced in the open Court on 06.05.2024.

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