This article provides an in-depth analysis of the case ITA 245/DEL/2019, where the appellant, Satyender Yadav, Gurgaon, appealed against the ITO, Ward-4(1), Gurgaon. The case pertains to the assessment year 2010-11 and discusses the appeal process, evidentiary requirements, and the tribunal’s final decision.
The appellant, Mr. Satyender Yadav, filed an appeal against the order dated 19.11.2018 passed by the CIT(A)-1, Gurgaon. The case concerns the assessment year 2010-11 and was filed on 14.01.2019. The primary contention in the appeal was the addition made by the Assessing Officer (AO) regarding unexplained cash deposits in the appellant’s bank account.
During the assessment, the revenue authorities noted certain discrepancies which led to the issuance of a show-cause notice to the appellant. However, the appellant’s counsel argued that the CIT(A) had incorrectly sustained the addition of unexplained cash deposits.
During the hearing, the appellant’s counsel argued that the CIT(A) had erred in sustaining the addition of unexplained cash deposits. The counsel referenced the details of the appellant’s income from consultancy and salary, as well as the cash flow statement to support the explanation provided.
On the other hand, the Departmental Representative (DR) supported the orders of the revenue authorities and emphasized the discrepancies noted during the assessment process.
The tribunal, presided by Shri Bhavnesh Saini, Judicial Member, reviewed the arguments and the records presented by both parties. The tribunal acknowledged the appellant’s explanations and the evidence provided, including the cash flow statement and the affidavit from the purchaser of the car.
The tribunal decided to allow the appeal in part, referencing the explanations provided by the appellant. The tribunal noted that the appellant had sufficiently explained the source of the cash deposits and the sale of the car, supported by the affidavit from the purchaser.
In conclusion, the appeal filed by Satyender Yadav was partly allowed. The tribunal directed the deletion of the addition of Rs. 2 lakhs and the addition of Rs. 3,21,900 related to the sale of the car. The tribunal’s decision underscores the importance of providing adequate evidence and explanations to support the appellant’s claims.
The case of ITA 245/DEL/2019 highlights critical aspects of tax litigation, emphasizing the necessity of providing detailed and accurate evidence to support claims. This decision sets a precedent for similar cases, ensuring that appellants are granted fair assessments based on substantiated evidence.
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