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Het Ram Legha vs. Income Tax Officer

Case No: ITA No.94/JODH/2024
Court: Income Tax Appellate Tribunal Jodhpur Bench
Date: 9/19/2024

Parties Involved

appellantHet Ram Legha
respondentIncome Tax Officer

Facts Summary

The case of the assessee was reopened and a notice under section 148 of the Income Tax Act, 1961 was issued. During the assessment proceedings, the Assessing Officer found that the assessee did not provide a proper explanation for the source of cash deposited in the bank account. Consequently, the assessment was completed under sections 144/147 of the Act, treating the cash deposit of Rs.15,00,000/- as unexplained cash credit under section 68 of the Act. The assessee appealed against the assessment order dated 27/10/2017 to the Commissioner of Income Tax (Appeals), who dismissed the appeal on 28/12/2023.

Decision in favour of

Assessee

Legal Issues

  • 1. Illegality of proceedings initiated under section 148 and the assessment based on the notice under section 148.
  • 2. Unjustified addition of Rs.15,00,000/- on account of cash deposited into the bank.
  • 3. Dismissal of the appeal due to non-submission of documents by the assessee.
  • 4. Charging of interest.

Judgment Outcome

Decided in favour of Assessee.

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