SHANTI KUMARI SHARMA,GHAZIABAD vs. ITO WARD 2(2)(3), GHAZIABAD
Income Tax Appellate Tribunal, DELHI BENCHES, ‘SMC’ BENCH, NEW DELHI
Before: SHRI SATBEER SINGH GODARA
PER SATBEER SINGH GODARA , JM: This assessee’s appeal for Assessment Year 2012-13, arises against the CIT(A)/NFAC, Delhi’s DIN & order No. ITBA/APL/S/250/2025-26/1078607047(1) dated 17.07.2025, in proceedings u/s 147 of the Income Tax Act, 1961 (in short “the Act”).
Heard both the parties at length. Case file perused.
It transpires during the course of hearing that both the lower authorities have treated the assessee’s investment made of Rs.7,52,060/- in purchase of immovable property in question, as unexplained u/s.69A of the Act, in assessment order dated 30.12.2019 as upheld in the lower appellate discussion.
2
4892/Del/2025
Shanti Kumari
A perusal of the case file reveals with the able assistance coming from both the parties that assessee in fact had sold an immovable property / flat on 13.04.2011 /deposited the corresponding sale consideration in her bank account maintained with M/s. ICICI Bank followed by withdrawal Rs. 4 lacs each (twice) on 19.04.2011 which is subject matter of addition of Rs.752060/-, made by both the lower authorities. That being the case this tribunal hereby holds both the learned lower authorities erred in law and on facts in not accepting the above cash withdrawals of Rs.8 lacs as explained, to delete the impugned addition amounting to Rs.752060/- in very terms. Ordered accordingly. 5. This assessee’s appeal is allowed. Order Pronounced in the Open Court on 13/10/2025. (Satbeer Singh Godara)
Judicial Member
Dated: 13 /10/2025
*NEHA, Sr. PS*