Mingma Sherpa vs ITO, Ward-3(1), Gangtok

Parties Involved

Facts Summary

The assessee, Mingma Sherpa, did not file the return of income for the assessment year 2017-18. During this year, the assessee deposited cash amounting to ₹10,15,14,300 in a bank account with the State Bank of India, Gangtok Branch. Consequently, proceedings under Section 147 of the Income-tax Act, 1961 were initiated by issuing a notice under Section 148 of the Act. Despite issuing a subsequent notice under Section 142(1) of the Act, the assessee did not comply. The Assessing Officer completed the assessment by making an addition of ₹10,15,14,300 under Section 69A of the Act and taxed the same under Section 115BBE of the Act. The CIT(A) upheld the action of the Assessing Officer and dismissed the appeal. The assessee contended that she was entitled to exemption under Section 10(26AAA) of the Act being a resident of Sikkim, but the CIT(A) rejected this contention due to lack of substantiation.…

Legal Issues

• 1. Whether the assessee is entitled to exemption under Section 10(26AAA) of the Income-tax Act, 1961?

Judgment Outcome

Decided in favour of Assessee.

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