Nitinbhai Ishwarbhai Patel Vs ITO

Parties Involved

Facts Summary

The assessee, Nitinbhai Ishwarbhai Patel, appealed against the order of the National Faceless Appeal Centre, Delhi, for the Assessment Year 2009-10. The Assessing Officer passed an assessment order under Section 144 of the Income Tax Act, 1961, by making additions on account of cash and other credit in the bank and income earned from Reliance Life Insurance Company due to the assessee's failure to provide an explanation. The assessee filed an application for admission of additional evidence before the Commissioner of Income Tax (Appeals). The assessee contended that the cash deposit in the bank was accumulated from past years' savings and that no opportunity was given to the assessee. The Commissioner of Income Tax (Appeals) confirmed the addition without giving a fair and proper opportunity. The assessee's claim for offering income under Section 44AF was also not accepted by the Commissioner of Income Tax (Appeals).…

Legal Issues

• 1. Whether the assessee was given a fair and reasonable opportunity to explain the source of cash deposit and income from Reliance Life Insurance Company.

Judgment Outcome

Decided in favour of Assessee.

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