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AO Cannot Reject claim of Cash Deposit Against Withdrawals Based on Assumption: ITAT Kolkata

Case Law Details

TaxGuru Citation
2024 taxguru.in 2708
Case Name
Sunil Khaitan Vs DCIT (ITAT Kolkata)
Date of Judgement/Order
Only available for paid members
Related Assessment Year
2017-18
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Sunil Khaitan Vs DCIT (ITAT Kolkata)

The case of Sunil Khaitan vs. DCIT (ITAT Kolkata) revolves around the taxation of cash deposits made during the demonetization period. Sunil Khaitan, the appellant, filed his income tax return for the assessment year 2017-18, declaring a total income of Rs. 40,48,000/-. However, his case was selected for scrutiny under the Computer Aided Scrutiny Selection (CASS) for verification of cash deposits during the year, particularly those made during the demonetization period.

The Assessing Officer (AO) observed that Sunil Khaitan had deposited Rs. 34,18,000/- in Specified Bank Notes (SBNs) during the demonetization period. Khaitan explained that these cash deposits were sourced from cash withdrawals from banks and unsecured loans from different parties, as well as his salary income. However, the AO was not convinced by this explanation and added the alleged cash deposits to Khaitan’s income, assessing it at Rs. 74,66,000/-.

Khaitan appealed this decision to the Commissioner of Income-tax Appeals (CIT(A)), but his claims were not adequately considered. Dissatisfied with the outcome, Khaitan then appealed to the Income Tax Appellate Tribunal (ITAT) Kolkata, raising multiple grounds of appeal, with the main grievance being against the addition of Rs. 34,18,000/- under Section 68 of the Income Tax Act.

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Author Info

CA Sandeep Kanoi
Qualification: CA in Job / Business
Company: Taxguru Consultancy
Location: Mumbai, Maharashtra
Articles Published: 21,304

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