Kasree Devi vs Income-tax Officer

Parties Involved

Facts Summary

The appellant, Kasree Devi, an 83-year-old super senior citizen, filed an appeal against the order of the Commissioner of Income-tax (Appeals) dated 31.01.2023. The appeal pertains to the assessment year 2017-18. During the demonetization period, the appellant deposited a total of Rs. 60,38,500 in her bank account, which included Rs. 2,40,000 from her old savings and Rs. 57,98,500 declared under the Pradhan Mantri Garib Kalyan Yojana 2016. The appellant had paid the required tax and fixed deposit as per the scheme. The Assessing Officer made an addition under section 69A, which the appellant contested, arguing that it amounted to double taxation and was contrary to the provisions of the PMGKY 2016.…

Legal Issues

• 1. Whether the Assessing Officer was justified in making the addition under section 115BBE of the Income Tax Act 1961 as the appellant declared the entire cash deposit during the demonetization period under the Income Declaration Scheme 2016 and deposited the entire tax liability as per the scheme.
• 2. Whether the CIT(A) erred in not invoking section 250(4) and (6) and Rule 46A(4) suo-moto to verify the authenticity of the self-explanatory issue raised by the appellant regarding the Income Declaration Scheme 2016.

Judgment Outcome

Decided in favour of Assessee.

Precedents Relied Upon

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