Dinesh Kumar Singhania Vs. I.T.O., Ward-34(1), Kolkata

Parties Involved

Facts Summary

The assessee, Dinesh Kumar Singhania, an individual, filed his return of income for the assessment year 2016-17 declaring a total income of ₹2,69,160/- under section 44AD of the Income Tax Act, 1961. He reported a cash balance of ₹21,92,184/- in his return. During the assessment proceedings, he furnished his bank account details and books of account, though not required under section 44AD. He explained that the high cash balance included ₹6,00,000/- disclosed under the Income Declaration Scheme, 2016 for FY 2015-16. The Assessing Officer issued a show cause notice under section 68 and added the cash balance as undisclosed income under section 69A. The assessee appealed before the Commissioner of Income Tax (Appeals), whose order was dismissed due to non-prosecution. The assessee then appealed before the Tribunal, claiming he did not receive notices during the appellate proceedings.…

Legal Issues

• 1. Whether the order passed u/s 250 is bad in law as well as on facts of the case.
• 2. Whether the Hon'ble Commissioner of Income Tax (A) erred in upholding the addition made under section 69A without providing an opportunity to explain the source.
• 3. Whether the Hon'ble Commissioner of Income Tax (A) erred in upholding the addition of ₹21,92,184/-, including ₹6,00,000/- duly declared under IDS, 2016 for FY 2015-16 as part of the disclosed cash balance.
• 4. Whether the Hon'ble Commissioner of Income Tax (A) erred in law as well as on facts of the case by confirming the addition made by the Ld. Assessing Officer of treating the cash in hand of ₹21,92,184/- as unexplained money under section 69A of the Income Tax Act, 1961.
• 5. Whether the appellant can leave, add, amend or adduce any of the grounds of appeal during the course of appellate proceedings.
• 6. General grounds of appeal.

Judgment Outcome

Decided in favour of Assessee.

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