SARIKA JHAWAR,HOWRAH V. ITO, WARD 47(2), , KOLKATA

ITA 662/KOL/2025

AI Insights

The case involves an appeal by Sarika Jhawar against the order of the CIT(A), National Faceless Appeal Centre, Delhi, which had confirmed an addition of Rs.10,88,500 to her income for the Assessment Year 2017-2018. The addition was made by the Assessing Officer (AO) during the demonetization period, alleging that the source of the cash deposited was unexplained. The assessee, represented by Shri S.K. Pransukha, argued that the cash was from her own savings, as shown in her balance sheet. The revenue, represented by Smt. Pampa Ray, supported the AO's decision. The Tribunal, after considering the submissions and evidence, including the balance sheet and profit and loss account of the assessee, concluded that the addition was unjustified and allowed the appeal.

• Counselvise Citation: [2025] 140 COUNSELVISE.COM (IT) 708862 (ITAT-KOLKATA)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 15-07-2025
• Appeal Filed By: Assessee
• Order Result: Allowed
• Assessment Year: 2017-2018
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: PAMPA RAY
• Assessee Lawyers: S.K. PRANSUKHA
• Keywords: Condonation of delay

Judgement Text

" आयकर अपीलीय अधिकरण, “एस.एम.सी” न्यायपीठ, कोलकाता IN THE INCOME TAX APPELLATE TRIBUNAL “SMC” BENCH KOLKATA श्री जाजज माथन, न्याययक सदस्य क े समक्ष । BEFORE SHRI GEORGE MATHAN, JUDICIAL MEMBER आयकर अपील सं/ITA No.662/KOL/2025 (नििाारण वर्ा / Assessment Year :2017-2018) Sarika Jhawar, 24/1, Bijay Krishna Mukherjee Road, Ghash Bagan, Howrah-711101 Vs ITO, Ward-47(2), Kolkata PAN No. : AIEPJ 4864 B (अपीलार्थी /Appellant) .. (प्रत्यर्थी / Respondent) नििााररती की ओर से /Assessee by : Shri S.K.Pransukha, AR राजस्व की ओर से /Revenue by : Smt. Pampa Ray, JCIT-Sr.DR सुनवाई की तारीख / Date of Hearing : 15/07/2025 घोषणा की तारीख/Date of Pronouncement : 15/07/2025 आदेश / O R D E R This is an appeal filed by the assessee against the order of the ld. CIT(A), National Faceless Appeal Centre (NFAC), Delhi, dated 29.08.2023 for the Assessment Year 2017-2018. 2. Shri S.K.Pransukha, ld.AR appeared on behalf of the assessee and Smt. Pampa Ray, ld. Sr.DR appeared on behalf of the revenue. 3. The appeal of the assessee is barred by 28 days. In this regard, the assessee has filed an application for condonation of delay stating therein sufficient reasons for delay, which are plausible and not found to be false. Ld. Sr. DR also did not raise any serious objection to condone the delay. Accordingly, delay of 28 days in filing the present appeal by the assessee is condoned and the appeal is admitted for hearing. 4. It was the submission by the ld. AR that the assessee is a widow and her husband was looking after the affairs. The assessee had cash in hand as shown in the balance sheet of Rs.10,88,827.15. During the ITA No.662/KOL/2025 2 demonetization period and the assessee had deposited Rs.10,88,500/- in her bank account. It was the submission that the cash deposit is out of her cash in hand. It was required to be deposited on account of demonetization. It was prayed that the addition as made by the AO and as confirmed by the ld.CIT(A) is liable to be deleted. 5. It was admitted by the ld. AR that the order of the ld. CIT(A) is an ex- parte order, insofar as the assessee knows nothing about the tax matter as her husband was looking after the affairs. Thus, the addition is liable to be deleted. 6. In reply, ld. Sr. DR vehemently relied on the order of the ld.AO and ld. CIT(A). 7. I have considered the rival submissions. A perusal of the balance sheet filed by the assessee as on 31.03.2016, at page 18 of the paper book reads as under :- ITA No.662/KOL/2025 3 8. The balance sheet clearly shows that cash in hand of Rs.10,88,827.15. It was submitted that the return has also been filed by the assessee for A.Y.2015-2016. The assessee has an income of Rs.1,87,672/- as shown in the profit and loss account filed by the assessee at page 19 of the paper book, which reads as under :- 9. As the assessee has shown cash in hand and profit which adequate enough to deposit the amount of Rs.10,88,500/- in her bank account during the demonetization period, I am of the view that no addition is called for in the hands of the assessee and thus, the same is hereby deleted. ITA No.662/KOL/2025 4 10. In the result, appeal of the assessee is allowed. Order dictated and pronounced in the open court on 15/07/2025. Sd/- (जाजज माथन) (GEORGE MATHAN) न्यानयक सदस्य / JUDICIAL MEMBER कोलकाता Kolkata; ददनाांक Dated 15/07/2025 Prakash Kumar Mishra, Sr.P.S. आदेश की प्रनतललपप अग्रेपर्त/Copy of the Order forwarded to : आदेशािुसार/ BY ORDER, (Assistant Registrar) Income Tax Appellate Tribunal, Kolkata 1. अपीलाथी / The Appellant- 2. प्रत्यथी / The Respondent- 3. आयकर आयुक्त(अपील) / The CIT(A), 4. आयकर आयुक्त / CIT 5. विभागीय प्रविविवि, आयकर अपीलीय अविकरण, कोलकाता / DR, ITAT, Kolkata 6. गार्ज फाईल / Guard file. सत्यापपत प्रयत //True Copy// "