PUSHPAL SINGH, GHAZIABAD V. ITO WARD 3, YAMUNA NAGAR

ITA 676/CHANDI/2022

AI Insights

The case involves an appeal by Shri Pushpal Singh against the order of the Commissioner of Income Tax (Appeals) NFAC, Delhi, which pertained to the assessment year 2012-13. The primary issue in the appeal was the addition of Rs. 12 lacs to the assessee's income, which was claimed to be unexplained deposits in his bank account during the demonetization period. The assessee, represented by Shri Rahul Chauhan, Advocate, contended that these deposits were not made by him and that there was misinformation regarding this matter. The Department of Revenue, represented by Shri Akashdeep, JCIT, Sr.DR, did not object to the restoration of the matter to the AO for further verification.

• Counselvise Citation: [2023] 140 COUNSELVISE.COM (IT) 127550 (ITAT-CHANDIGARH)
• Duration Of Justice: 6 month(s) 27 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 31-05-2023
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: Not Allotted
• Next Hearing Date: 30-05-2023
• Assessment Year: 2012-2013
• Appeal Filed On: 03-11-2022
• Result in Favour of: Assessee
• Court: TRIBUNAL

Judgement Text

आयकर अपील य अ धकरण,च डीगढ़ यायपीठ “एकल” च डीगढ़ IN THE INCOME TAX APPELLATE TRIBUNAL, CHANDIGARH BENCH “SMC” CHANDIGARH ी संजय गग , या यक सद य BEFORE: SH. SANJAY GARG, JUDICIAL MEMBER आयकर अपील सं./ ITA Nos.676/CHD/2022 नधा रण वष / Assessment Year : 2012-13 Shri Pushpal Singh, S/o Shri Shanti Swaroop, 57, Karhera, Mohan Nagar, Ghaziabad. बनाम The ITO, Ward 3, Yamuna Nagar. थायी लेखा सं./PAN NO: ABOPS0827N अपीलाथ /Appellant यथ /Respondent नधा रती क! ओर से/Assessee by : Shri Rahul Chauhan, Advocate राज व क! ओर से/ Revenue by : Shri Akashdeep, JCIT, Sr.DR स ु नवाई क! तार&ख/Date of Hearing : 31.05.2023 उदघोषणा क! तार&ख/Date of Pronouncement : 01.06.2023 आदेश/ORDER The present appeal has been preferred by the assessee against the order dated 21.10.2022 of the Commissioner of Income Tax (Appeals) NFAC, Delhi [in short ‘CIT(A)’] pertaining to 2012-13 assessment year. 2. The sole issue raised by the assessee in this appeal is relating to action of the lower authorities in making the addition of Rs.12 lacs on account of unexplained deposits in the bank account of the assessee during demonetization period. ITA-676/CHD/2022 A.Y. 2012-13 Page 2 of 3 3. At the outset, the ld. Counsel for the assessee has submitted that no such deposits were made by the assessee in his bank account. That there was some mis-information with the Assessing Officer ( in short ‘AO’ ) in this respect. The ld. counsel, therefore, has pleaded that the matter be restored to the file of the AO to verify the above factual position. 4. The ld. DR has not objection to the same. 5. In view of this, the matter is restored to the file of the AO to verify the contention of the assessee that no alleged cash of Rs. 12 lacs was ever deposited or have been found deposited in the bank account of the assessee. Needless to say that the ld. Assessing Officer will call for the relevant records from the bank and also give the opportunity to the assessee to present his case. 6. In the result, appeal of the assessee is treated as allowed for statistical purposes. Order pronounced in the Open Court on 1 st June, 2023. Sd/- ( संजय गग ) (SANJAY GARG ) या यक सद य/ Judicial Member “Poonam” ITA-676/CHD/2022 A.Y. 2012-13 Page 3 of 3 आदेश क! त,ल-प अ.े-षत/ Copy of the order forwarded to : 1. अपीलाथ / The Appellant 2. यथ / The Respondent 3. आयकर आय ु /त/ CIT 4. -वभागीय त न2ध, आयकर अपील&य आ2धकरण, च4डीगढ़/ DR, ITAT, CHANDIGARH 5. गाड फाईल/ Guard File आदेशानुसार/ By order, सहायक पंजीकार/ Assistant Registrar