Suresh Kataria vs. ITO, Ward 4(1)

Parties Involved

Facts Summary

The assessee, Suresh Kataria, did not file a return of income for the Assessment Year 2014-15. The case was not scrutinized under section 143(3) of the Income-tax Act, 1961. The case was reflected in the NMS cycle, and it was observed that the assessee had deposited cash amounting to Rs.84,70,000/- in the bank account and received interest amounting to Rs.29,44,430/- during the financial year 2013-14 relevant to the assessment year 2014-15. The case of the assessee was reopened, and notice under section 148 of the Act was issued on 30.03.2021. Further notice under section 142(1) of the Act was issued and served upon the assessee, but the assessee neither filed a return of income nor responded to the notices issued. Accordingly, the Assessing Officer made an addition on account of unexplained cash deposit and interest thereon of Rs.1,14,14,430/- and assessed the same under section 144 r.w.s. 147 of the Act.…

Legal Issues

• 1. Whether the Ld. CIT(A) has erred both in law and on facts in dismissing the appeal as non-maintainable on the ground that the appellant has not complied with the provisions of section 249(4)(b) of the Income Tax Act, 1961?
• 2. Whether the Ld. CIT(A) has erred in not adjudicating the ground that the AO erred in initiating assessment proceedings u/s. 147 of the Act and completing the assessment u/s. 147 r.w.s. 144 of the Act?
• 3. Whether the Ld. AO erred in making addition of Rs.84,70,000/- u/s. 69A of the Act on account of alleged cash deposits in bank account by treating as unexplained money?
• 4. Whether the Ld. AO erred in making addition of Rs. 29,44,430/- u/s. 69A of the Act on account of interest received by the appellant during the year?
• 5. Whether the Ld. AO erred in charging interest u/s. 234A and u/s. 234B of the Act?

Judgment Outcome

Decided in favour of Assessee.

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• ITA No. 6370/DEL/2025; Assessment Year: 2018-19