MEENA KUMARI SADH,DELHI V. ITO WARD-54(1) , NEW DELHI

ITA 4724/DEL/2025

AI Insights

The case involves twin appeals by the assessee, Meena Kumar Sadh, against the orders of the CIT(A)/NFAC Delhi, which upheld the Income Tax Officer's (ITO) decision treating her cash deposit of Rs. 11.45 lakhs during the demonetization period as unexplained. The appeals were heard by the Income Tax Appellate Tribunal Delhi Bench under the jurisdiction of Shri Satbeer Singh Godara. The Tribunal examined the bank statements and found that the cash deposits were likely from withdrawals made prior to demonetization, thus not unexplained. The Tribunal's decision led to the deletion of the addition and allowed the penalty appeal as well.

• Counselvise Citation: [2025] 140 COUNSELVISE.COM (IT) 771984 (ITAT-DELHI)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 28-08-2025
• Appeal Filed By: Assessee
• Order Result: Allowed
• Assessment Year: 2017-2018
• Laws Referred To: Income-tax Act, 1961
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Section: 147

Judgement Text

"1 ITA Nos. 4723 & 4724/Del/2025 IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH ‘SMC’ NEW DELHI BEFORE SHRI SATBEER SINGH GODARA, JUDICIAL MEMBER ITA No. 4723 & 4724/Del/2025 Assessment Yr: 2017-18 Meena Kumar Sadh, E-13, First Floor, Kalindi Colony, New Delhi-110065. PAN: AZZPS 1494 C Vs Income Tax Officer, Ward-54(1), New Delhi. APPELLANT RESPONDENT Assessee represented by Shri Sarwar Raza, Adv. & Shri Muhammad Zaid Adv. Department represented by Shri Manoj Kumar, Sr. DR Date of hearing 28.08.2025 Date of pronouncement 28.08.2025 O R D E R PER SATBEER SINGH GODARA, J.M: These assessee’s twin appeals ITA Nos. 4723 & 4724/Del/2025 for A.Y. 2017-18 arise against CIT(A)/NFAC Delhi’s as many DIN & Order Nos. ITBA/NFAC/S/250/2025-26/1076237982(1) dated 15.05.2025 & ITBA/NFAC/S/250/2025-26/1078709868(1), dated 21.07.2025 in proceedings u/s 147 and 271AAC1 of the Income-tax Act, 1961, hereinafter referred to as the ‘Act’, respectively. Heard both the parties. Case files perused. 2. The assessee’s quantum appeal ITA 4723/Del/2025 is directed against both the learned lower authorities’ action treating her cash deposit during demonetization of Rs. 11.45 lakhs as unexplained; in assessment order dated 12.05.2023, and upheld in the lower appellate discussion. Printed from counselvise.com 2 ITA Nos. 4723 & 4724/Del/2025 3. Faced with this situation, it is noticed from a perusal of the assessee’s bank statement that she, inter alia, had withdrawn amount of Rs. 5 lakh in cash on 10.10.2016; Rs. 3 lakhs on 14.10.2016; Rs. 3,20,000/- on 15.10.2016; Rs. 3.5 lakhs and Rs. 50,000/- on 17.10.2016; Rs. 5 lakhs on 24.10.2016; respectively before demonetization. Necessary inference which would therefore arise is that her impugned cash deposit during demonetization form part of the cash withdrawals which could not have been treated as unexplained in both the lower proceedings. The impugned addition is deleted therefore. The assessee succeeds in her quantum appeal ITA No. 4723/Del/2025 in very terms. Same order to follow in assessee’s penalty appeal ITA No. 4724/Del/2025 being consequential in nature. 4. These assessee’s twin appeals ITA Nos. 4723 & 4724/Del/2025 are allowed in very terms. A copy of this common order be placed in the respective case files. Order pronounced in open court on 28.08.2025. Sd/- (SATBEER SINGH GODARA) JUDICIAL MEMBER Dated: 28.08.2025. *MP* Copy forwarded to: 1. Appellant 2. Respondent 3. CIT 4. CIT(Appeals) 5. DR: ITAT ASSISTANT REGISTRAR ITAT, NEW DELHI Printed from counselvise.com "