MRS. KAVERI JOSHI, L/H OF VINOY PANDHARINATH JOSHI,KOLKATA V. A.C.I.T., CIRCLE - 2(1), KOLKATA

ITA 1281/KOL/2025

AI Insights

The case involves Mrs. Kaveri V. Joshi, the legal heir of the deceased Vinoy Pandharinath Joshi, who appealed against the order of the Commissioner of Income Tax (Appeals), Kolkata. The appeal was related to the addition of 12,75,500/- to the assessee's income under Section 69A of the Income Tax Act, 1961, which was initially added by the Assessing Officer due to unexplained cash deposits during the financial year 2016-17. The Tribunal examined the documents provided, including bank statements and cash withdrawal tallies, and concluded that the sources of the cash deposits were satisfactorily explained.

• Counselvise Citation: [2025] 140 COUNSELVISE.COM (IT) 822816 (ITAT-KOLKATA)
• Duration Of Justice: 6 month(s) 10 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 23-12-2025
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: SMC
• Assessment Year: 2017-2018
• Appeal Filed On: 12-06-2025
• Laws Referred To: Income Tax Act, 1961
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Keywords: Set aside

Judgement Text

"IN THE INCOME TAX APPELLATE TRIBUNAL “SMC” BENCH,KOLKATA SHRI RAJESH KUMAR, ACCOUNTANT MEMBER I.T.A. No.1281/Kol/2025 (Assessment Year 2017-18) Mrs. Kaveri V. Joshi, L/H of Vinoy Pandharinath Joshi (since deceased), 10G, Tower-4, Diamond City West, 18, Ho-Chi-Minh Sarani, West Bengal - 700061 [PAN: ADDPJ0680R] ..……..…...……………....Appellant vs. The Asstt. Commissioner of Income Tax, Circle-2(1), Kolkata, Aayakar Bhawan Purba, 110, Shantipally, EM Bypass, Kolkata – 700107 ................................ Respondent Appearances by: Assessee represented by : P.J. Bhide, Hemal Mehta, FCAs Department represented by : Monalisa Pal Mukherjee, Sr. DR Date of concluding the hearing : 18.12.2025 Date of pronouncing the order : 23.12.2025 O R D E R The present appeal filed by the assessee arises from order dated 15.01.2025passed u/s 250 of the Income Tax Act, 1961 (hereafter “the Act”) by the Ld. Commissioner of Income Tax (Appeals), Kolkata- 22[hereafter “the Ld.CIT(A)]. 2. The only issue raised by the assessee in against the various grounds of appeal is against the order of Ld. CIT(A) confirming the addition to the extent of ₹ 12,71,500/- as made by the Assessing Officer under Section 69A of the Act. Printed from counselvise.com 2 ITA No.1281/Kol/2025 Mrs. Kaveri V. Joshi L:/H Vinoy Pandharinath Joshi (since deceased) 3. After hearing the rival contention and perusing the material on record, we not that the assessee has deceased and his wife Smt. Kaveri Joshi has been brought as legal heir on record. We note that during the course of assessment proceedings, the addition was made on account of cash deposited during financial year 2016-17 amounting to ₹ 23,21,500/- by the Assessing Officer relevant to A.Y. 2017-2018 which remain unexplained. We note that the assessee has not respond to the various notices as the assessee that deceased who was serving in Merchant Navy. Thereafter, in the appellate proceedings, the all the documents including four bank accounts were furnished before the Ld. CIT(A) explaining the cash deposits however the Ld. CIT(A) considered only one bank account inadvertently and partly allowed the appeal by deleting the addition to the extent of ₹ 10,50,000/- thereby sustaining the addition of ₹ 12,75,500/-. In other words, the Ld. CIT(A) considered one bank account on the basis of which the ld CIT(A) partly allowed the appeal as stated above. The assessee has furnished before us all the bank accounts along with tally of cash withdrawals during financial year 2013-14 and 2016-17 along with bank statements and availability of cash for deposits into the bank of cash withdrawal. After examining these documents we find that the assessee had the sources for cash deposits and has fully explained source of cash deposits into bank account during financial year 2016-17. Consequently, we set aside the order of Ld. CIT(A) on this issue and direct the AO to delete the addition. 4. In result, appeal of the assessee is allowed. Order pronounced on 23.12.2025 Sd/- (Rajesh Kumar) Accountant Member Dated: 23.12.2025 AK,Sr. P.S. Printed from counselvise.com 3 ITA No.1281/Kol/2025 Mrs. Kaveri V. Joshi L:/H Vinoy Pandharinath Joshi (since deceased) Copy of the order forwarded to: 1. Appellant 2. Respondent 3. Pr. CIT 4. CIT(A) 5. CIT(DR) //True copy// By order Assistant Registrar, Kolkata Benches 1. Date of Dictation………………………………………. 2. Date on which the typed order is placed before the dictating Member and other Member…………………………………………….. 3. Date on which the order came back to Sr. PS…………………………………… 4. Date on which the file goes to the Bench Clerk………………………………… 5. Date on which the file goes to the O.S………………………………… Printed from counselvise.com "