SUNILA JHA ,BOKARO V. INCOME TAX OFFICER, WARD THREE(FOUR), BOKARO

ITA 63/RAN/2024

AI Insights

This case involves an appeal by Sunila Jha against the order of the CIT(A), which confirmed the addition made by the Assessing Officer regarding unexplained cash deposits in her bank account during the demonetization period. The assessee argued that the cash deposits were from her share of the ancestral property in Nepal, which she had relinquished, and that she received the money in Indian currency. The Tribunal examined the evidence provided, including a settlement deed and affidavits from her brothers, and concluded that the assessee had satisfactorily explained the source of the deposits, leading to the allowance of her appeal.

• Counselvise Citation: [2025] 140 COUNSELVISE.COM (IT) 716901 (ITAT-RANCHI)
• Duration Of Justice: 1 year(s) 5 month(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 20-08-2025
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: DB
• Assessment Year: 2017-2018
• Appeal Filed On: 20-03-2024
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: PER BENCH; KHUBCHANDT PANDYA
• Assessee Lawyers: M.K. CHOUDHARY

Judgement Text

" IN THE INCOME TAX APPELLATE TRIBUNAL, BEFORE S/ RATNESH NANDAN SAHAY, ACCOUNTANT MEMBER Sunila Jha, Qr. No.591, Sector-IC, B.S.City, Bokaro 827001 PAN/GIR No. (Appellant Revenue by Per Bench This is an appeal filed by the assessee against the order of the ld CIT(A), NFAC, Delhi dated Hazaribag/10199/2019 2. Shri M.K.Choudhury Khubchand T Pandya, 3. It was submitted by ld AR that the assessee is an individual, who is deriving income from house property and interest income. It was the submission that during the impugned assessment year, the assessee had IN THE INCOME TAX APPELLATE TRIBUNAL, RANCHI BENCH, RANCHI S/HRI GEORGE MATHAN, JUDICIAL MEMBER RATNESH NANDAN SAHAY, ACCOUNTANT MEMBER ITA No.63/RAN/2024 Assessment Year : 2017-18 Sunila Jha, Qr. No.591, IC, B.S.City, Bokaro- Vs. Income Tax Officer, Ward 3, (4), Bokaro .AZOPJ 0891 K (Appellant) .. ( Respondent Assessee by : Shri M.K. Choudhary, Adv Revenue by : Shri Khubchand T Pandya, Date of Hearing : 20/08/202 Date of Pronouncement : 20/08/2 O R D E R This is an appeal filed by the assessee against the order of the ld CIT(A), NFAC, Delhi dated 21.2.2024 in Appeal No.CIT(A), Hazaribag/10199/2019-20 for the assessment year 2017-18 M.K.Choudhury, ld AR appeared for the assessee. Shri Khubchand T Pandya, ld Sr DR represented on behalf of the revenue. It was submitted by ld AR that the assessee is an individual, who is deriving income from house property and interest income. It was the submission that during the impugned assessment year, the assessee had P a g e 1 | 4 IN THE INCOME TAX APPELLATE TRIBUNAL, , JUDICIAL MEMBER AND RATNESH NANDAN SAHAY, ACCOUNTANT MEMBER Income Tax Officer, Ward - Respondent) Adv ld Sr DR 2025 2025 This is an appeal filed by the assessee against the order of the ld in Appeal No.CIT(A), 18. ed for the assessee. Shri represented on behalf of the revenue. It was submitted by ld AR that the assessee is an individual, who is deriving income from house property and interest income. It was the submission that during the impugned assessment year, the assessee had Printed from counselvise.com ITA No.63/RAN/2024 Assessment Year : 2017-18 P a g e 2 | 4 deposited Rs.53,77,500/- in cash in her bank account during the demonetization period. It was the submission that the Assessing Officer had questioned the source of deposit. The assessee had submitted that the assessee relinquished her interest in her ancestral property in Nepal and had received the shares in cash from her property. It was the submission that as the assessee has given explanation and the affidavits of the brothers, which has also been produced before the Assessing Officer as also the copy of the relinquished deed which is registered, it was the prayer that the addition made by the AO and confirmed by ld CIT(A) be deleted. 4. In reply, ld Sr DR submitted that the money has come from Nepal and the assessee has not been able to show how the money was kept till it was deposited in the bank account. It was the submission that the assessee has claimed that she has received Rs.60,00,000/- from her brothers and how she has kept the money at home or cash in hand has not been explained. It was the prayer that the order of the ld CIT(A) be upheld. 5. We have considered the rival submissions. A perusal of the facts in the present case clearly shows that the assessee has produced the settlement deed between the assessee and her brothers. The settlement deed clearly mentions the assessee having received the consideration of Rs.60,00,000/- in Indian currency for her relinquishing the interest from the father’s property. The relinquished deed also recognizes the death of the Printed from counselvise.com ITA No.63/RAN/2024 Assessment Year : 2017-18 P a g e 3 | 4 assessee’s father as also the number of brothers and sisters. As per relinquished deed alongwith her brothers and sisters are nine children. father. The total value of the father’s property is shown as Rs.8.66 crores in Nepal Ruppaya. The assessee’s share would be approximately Rs,96,00,000/- in Nepal currency. This would be equivalent to Indian currency of Rs.60,00,000/-. The assessee’s brothers have also confirmed that they have given cash to the assessee. This being so, we are of the view that the assessee has given explanation in respect of cash deposit in the bank account. How the assessee has kept the money in her hand as cash in hand is admittedly for the assessee to explain but that does not become the foundation for an addition in respect of cash deposited in the bank account of the assessee. This being so, the addition as made by the AO and confirmed by ld CIT(A) stands deleted. 6. In the result, appeal of the assessee stands allowed. Order dictated and pronounced in the open court on 20/08/2025. SD/- SD/- (RATNESH NANDAN SAHAY) (GEORGE MATHAN) ACCOUNTANT MEMBER JUDICIAL MEMBER Ranchi ; Dated 20/08/2025 B.K.Parida, SPS (OS) Printed from counselvise.com ITA No.63/RAN/2024 Assessment Year : 2017-18 P a g e 4 | 4 Copy of the Order forwarded to : By order Sr.Pvt.secretary ITAT, Ranchi 1. The Appellant : Sunila Jha, Qr. No.591, Sector-IC, B.S.City, Bokaro-827001 2. The respondent: Income Tax Officer, Ward - 3, (4), Bokaro 3. The CIT(A)- NFAC, Delhi 4. Pr.CIT, 5. DR, ITAT, Ranchi 6. Guard file. //True Copy// Printed from counselvise.com "