Bhagawan Ram Sharma vs. Income Tax Officer, Ward – 3(1), Gangtok

Parties Involved

Facts Summary

This is a batch of three appeals filed by Bhagawan Ram Sharma against the orders of the Ld. Commissioner of Income Tax (Appeals) for Assessment Year 2017-18. The appeals arise from orders passed under sections 144, 271AAC(1), and 272A(1)(d) of the Income Tax Act, 1961. The assessee faced additions to his income for cash deposits during demonetization, unexplained bank deposits, and estimated business receipts. The assessment order was completed ex-parte, and the appeals were not condoned for delay. The assessee argued that there was a communication gap and he is covered under Section 10(26AAA) of the Act.…

Legal Issues

• 1. Whether the ex-parte order passed by Ld. CIT(A) was justified.
• 2. Whether the delay in filing the appeal should have been condoned.
• 3. Whether the additions made by the A.O. were justified.
• 4. Whether the assessee was entitled to exemption u/s 10(26AAA) of the Act.
• 5. Whether the addition of Rs. 18,38,000/- for cash deposits during demonetization was justified.
• 6. Whether the addition of Rs. 7,02,595/- as business income was justified.

Judgment Outcome

Decided in favour of Assessee.

Precedents Relied Upon

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