HUKAM SINGH NEGI,HIMACHAL PRADESH vs. INCOME TAX OFFICER RAMPUR, HIMACHAL PRADESH

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ITA 673/CHANDI/2024Status: DisposedITAT Chandigarh28 November 2024AY 2017-2018Bench: SHRI RAJPAL YADAY (Vice President), SHRI KRINWANT SAHAY (Accountant Member)3 pages

In favour of the assessee: the assessee's appeal was allowed. From the AI summary of this appeal.

AI SummaryAllowed

What did the Tribunal hold?

The Tribunal held that the addition was not sustainable as the amount was small and could be considered past family accumulation. Depositing old currency notes after demonetization does not automatically make the amount unexplained.

What were the facts?

The Assessing Officer added Rs. 3,13,000/- to the assessee's income, treating cash deposits made during the demonetization period as unexplained. The CIT(A) dismissed the assessee's appeal for want of prosecution.

What were the issues?

Whether cash deposits made during demonetization, without further evidence, can be treated as unexplained income under Section 68.

Which sections of the Income-tax Act were involved?

Section 68

AI-generated summary — verify with the full judgment below

Order Per Rajpal Yadav VP: The present appeal is directed at the instance of the Assessee against the order of ld. Addl./JCIT(A)-7, Kolkata dated 19.4.2024 passed for A.Y. 2017-18.

2.

The grievance of the Assessee is that the ld. CIT(A) erred in confirming the addition of Rs. 3,13,000/- which was added by the Assessing Officer with the aid of section 68 of the Income Tax Act, 1961 (in short 'the Act').

1.

673 -Chd-2024- Hukam Singh Negi, Kinnaur 2 3. With the assistance of ld. representatives, we have gone through the record carefully. A perusal of the assessment order would indicate that Assessing Officer has noticed that Assessee deposited Rs. 2,56,500/- in his saving bank account with HP State Co-operative Bank Ltd., Bhahanagar. Similarly, he found that a sum of Rs. 56,500/- was deposited in the saving bank account with Punjab National Bank. The Assessing Officer was of the view that these deposits were made during the demonetization period, then this be treated as unexplained money of the Assessee.

4.

Appeal to the ld. CIT(A) did not bring any relief because the ld. CIT(A) has dismissed the appeal for want of prosecution.

5.

After going through record carefully, we are of the view that this addition is not sustainable because a small sum of Rs. 3,13,000/- can be a past accumulation in the family. Once currency of denomination of Rs. 1000 and Rs. 500 were discontinued, then currency of these denomination available in the house is to be deposited in the bank, therefore, such a small amount cannot be considered as unexplained.

6.

We allow the appeal and delete the addition.

Order pronounced on 28.11.2024

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