Jyoti Prakash Deshmukh vs. ITO, Ward 2(2), Kalyan

Parties Involved

Facts Summary

The assessee, Jyoti Prakash Deshmukh, deposited cash amounting to Rs. 28.63 Lacs in State Bank of India, Badlapur Branch during the demonetization period. Her case was selected for scrutiny under AIMS Data. Despite multiple notices under sections 142(1) and 143(2) of the Income Tax Act, 1961, the assessee failed to submit the required bank statements and supporting documents. Consequently, the Assessing Officer completed the assessment as a 'Best Judgment Assessment' under section 144 of the Act. The assessee appealed to the Commissioner (Appeals) who partly allowed the appeal by deleting the addition of Rs. 28.63 Lacs but sustained the balance addition of Rs. 1,85,93,756/-. The assessee further appealed to the Income Tax Appellate Tribunal.…

Legal Issues

• 1. Whether the Commissioner (Appeals) erred in not considering the legal grounds of appeal?
• 2. Whether the Commissioner (Appeals) erred in ignoring the legal submissions?
• 3. Whether the Commissioner (Appeals) erred in partly allowing the appeal?
• 4. Whether the Commissioner (Appeals) erred in not considering the mandatory notice under section 147/148?
• 5. Whether the Commissioner (Appeals) exceeded his powers?
• 6. Whether the Commissioner (Appeals) erred in not granting a personal hearing?

Judgment Outcome

Decided in favour of Assessee.

Precedents Relied Upon

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