GAURAV BHATIA, VS. ITO, WARD 70(5), C-9, WESTERN COLONY, NEW DELHI

Parties Involved

Facts Summary

The assessee, Gaurav Bhatia, an individual, filed a return declaring total income of Rs. 2,73,320/- under the head ‘salary’ and ‘other sources’ for the assessment year 2017-18. The case was selected for Complete Scrutiny under CASS due to 'Cash deposit during demonetization period'. Notices under section 143(2) were issued and served by different ITOs. The case was finally assessed by the ITO, Ward 70(5), New Delhi, who added Rs. 30,70,000/- to the assessee’s income under section 69A read with section 115BBE, considering it as cash deposited during demonetization. The assessee claimed that the cash was a marriage gift ('sagan') received on his wedding day and deposited during demonetization. He provided a list of 348 persons, marriage invitation, and affidavits to support his claim.…

Legal Issues

• 1. Whether the cash deposits made by the assessee during demonetization were income under section 69A read with section 115BBE of the Income Tax Act, 1961.

Judgment Outcome

Decided in favour of Assessee.

Precedents Relied Upon

Similar Judgements

• Sourav Mittal Vs. ITO, Ward-2(3)

• Tapas Kundu

  SMC Bench, Kolkata benchAY 2017-2018Dismissed

• Ranjeet Singh Vs. ITO, Ward-5(5), Patna

  Patna Bench at Kolkata benchAY 2017-18Partly Allowed

• Rohtas Singh Duggal Vs Income Tax Officer, Ward-1, Panipat, Haryana

• Gufarani Vs. ITO

  Agra bench

• Sh. Suresh Chand Singhal Vs. Income Tax Officer, Ward-53(2), Delhi

  Delhi Bench benchAY 2017-18Partly Allowed