Assistant Commissioner of Income Tax, Circle-34(1), Civic Centre, E-2 Block, 2nd Floor, New Delhi Vs. Raj Bajwa, Ashok Vihar, 390, SFS Flats, Phase-IV, New Delhi

Parties Involved

Facts Summary

The respondent assessee, Raj Bajwa, filed his Income Tax Return on 28.02.2018 declaring income of Rs.23,23,700/-. The case was picked up for limited scrutiny for verification of cash deposits made in the bank account in the FY 2016-17 including the demonetization period. The Assessing Officer provided six opportunities of being heard to the assessee to explain the said cash deposits made in the bank account. However, the assessee did not ensure any compliance during the assessment proceedings. Therefore, the AO had no option except to complete the assessment ex parte under section 144 of the Act. Consequentially, the AO held the cash deposits aggregating to Rs.1,33,18,000/- as unexplained under section 69A of the Act and taxed it accordingly. Aggrieved, the assessee filed an appeal before the Commissioner of Income Tax (Appeals), who deleted the entire addition of Rs.1,33,18,000/- observing that the assessee had provided sufficient evidence to corroborate the source of cash deposits.…

Legal Issues

• 1. Whether the addition of Rs.1,33,18,000/- made under section 69A of the Income Tax Act, 1961 was justified.

Judgment Outcome

Decided in favour of Assessee.

Precedents Relied Upon

Similar Judgements

• Sikha Datta vs. Jurisdictional Assessing Officer

  SMC Bench, Kolkata benchAY 2015-16Allowed

• Shokat Ali Vs. Assessing Officer, Ward-60(7)

  Delhi Bench benchAY 2017-18Partly Allowed

• Income Tax Officer, Ward-28(5), SPM Civic Centre, New Delhi. Vs. Anjali Gupta, New Delhi.

  Delhi Bench benchAY 2017-18Dismissed

• Assistant Commissioner of Income Tax, Circle 10(1), R. No. 389A, 3rd Floor, CR Building, IP Estate, Delhi 110001 Vs. Jindal Poly Films Limited, 19th K.M. Hapur, Bulandshahar Road, P.O. Gulaothi, Bulandshahar, Uttar Pradesh 203408

  Delhi Bench 'C', Delhi benchAY 2012-13Dismissed

• Ashok Goel Vs. Assistant Commissioner of Income Tax, Central Circle-28

  Delhi Bench ‘A’ benchAY 2010-11Allowed

• Mayank Jain Vs Income-tax Officer, Ward-1(4), Meerut

  Delhi Bench benchAY 2017-18Allowed