Vivek Logani Vs Circle 61(1) (ITAT Delhi)
Delhi ITAT Deletes ₹37.79-Lakh Cash-Deposit Addition: Same Amount Cannot Be Taxed Again in Joint Holder’s Hands
The Delhi ITAT deleted the addition relating to cash deposits of ₹37.79 lakh in a joint bank account maintained by the assessee, an orthopaedic surgeon, with his father. The reassessment had been initiated on factually incorrect premises, including that the assessee had not filed his original return and that the deposits were made in a Nainital Bank account, although the relevant account was actually maintained with Oriental Bank of Commerce.
Significantly, the same cash deposits had already been assessed as unexplained money under Section 69A in the hands of the assessee’s father, who accepted the assessment without filing an appeal. The Tribunal held that taxing the identical deposits once again in the assessee’s hands would result in an impermissible double addition. It therefore directed complete deletion of the addition. Since relief was granted on merits, the assessee’s other factual and legal grounds, including the validity of reopening under Section 147, were left open.
FULL TEXT OF THE ORDER OF ITAT DELHI
1. The appeal in ITA No.6070/Del/2026 for AY 2012-13, arises out of the order of the ld National Faceless Appeal Centre (NFAC), Delhi [hereinafter referred to as ‘ld. CIT(A)’, in short] dated 11.02.2026 against the order of assessment passed u/s 147 r.w.s. 144 of the Income- tax Act, 1961 (hereinafter referred to as ‘the Act’) dated 14.12.2019 by the Assessing Officer, ITO, Ward-22(5), Faridabad (hereinafter referred to as ‘ld. AO’).
