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Avijit Roy Vs ITO, Ward-23(3), Hooghly

Case No: ITA No. 5/KOL/2024
Court: INCOME TAX APPELLATE TRIBUNAL “A” BENCH, KOLKATA
Date: 3/6/2025

Parties Involved

AppellantAvijit Roy
RespondentITO, Ward-23(3), Hooghly

Facts Summary

The appellant, Avijit Roy, is in the business of being a commission agent, trading in old vehicles, and has some partnership income. He deposited Rs. 9,00,000/- each on two dates, 15.11.2016 and 21.11.2016, in demonetized currency, totaling Rs. 18 lakh. The Assessing Officer held that this amount was unexplained cash credit as it did not match the normal business pattern of the assessee, and the source of the cash deposit was doubtful. The appeal before the Ld. Commissioner of Income Tax (Appeals), National Faceless Appeal Centre (NFAC), Delhi, was dismissed as the assessee was unrepresented. The appellant submitted a cash book and an unsigned cash flow chart for the period 01.11.2016 to 31.12.2016 to show that the cash deposit was from available cash.

Decision in favour of

Assessee

Legal Issues

  • 1. Whether the cash deposit of Rs. 18 lakh in demonetized currency is unexplained cash credit.

Judgment Outcome

Decided in favour of Assessee.

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Avijit Roy Vs ITO, Ward-23(3), Hooghly | ITA No. 5/KOL/2024 | 2025 | Opakhya