MANISHA AGGARWAL VS. ITO, WARD 70(3), NEW DELHI

Parties Involved

Facts Summary

The assessee, Manisha Aggarwal, filed her original return of income on 23.8.2017 declaring a taxable total income of Rs. 7,84,440/-. The case was selected for scrutiny through CASS under 'Limited Scrutiny' due to cash deposits during the demonetization period. Notices under sections 143(2) and 142(1) were issued, asking the assessee to provide documentary evidence for the source of cash deposits. The assessee claimed that the deposits were from previous savings and exempt incomes like gifts received on marriage and pin money. However, the Assessing Officer (AO) deemed the deposits as unexplained money under section 69A and added Rs. 13,50,000/- to the total income. The Commissioner of Income Tax (Appeals) partly allowed the appeal, reducing the addition to Rs. 11,00,000/-. The assessee then appealed to the Income Tax Appellate Tribunal (ITAT).…

Legal Issues

• 1. Whether the NFAC erred in law and facts by sustaining the addition of Rs. 11,00,000/- under section 69A of the Act.
• 2. Whether the NFAC erred in sustaining the addition without considering the documents uploaded by the assessee.

Judgment Outcome

Decided in favour of Assessee.

Precedents Relied Upon

Similar Judgements

• Sourav Mittal Vs. ITO, Ward-2(3)

• Manubhai Dahyabhai Bhoi vs. Income Tax Officer

  Ahmedabad bench

• Kaushal Pravinkumar Shah Vs. ITO

  Ahmedabad bench

• Arushi Suri Vs. Assessment Officer, Assessment Unit J-2, Lajpat Nagar-III, New Delhi

• Manisha Kamalkar Sadavarte vs. Income Tax Officer

  Mumbai “H(SMC)” Bench benchAY 2017-18Allowed

• Rajbir Singh Vs Income Tax Officer, Sonipat, Haryana