Ashan Ali vs Assessment Unit/Income Tax Officer, Ward-3(3)(3)

This assessee’s appeal for Assessment Year 2020-21, arises against the C IT(A)/NFAC, Delhi’s DIN & order No. ITBA/NFAC/S/250/2025-26/1078871098(1) dated 24.07.2025, in proceed ings u/s 147 of the Income Tax Act, 1961 (in short “the Act”).

Case called twice . None appears at the assessee’s behest. He is accordingly proceeded ex-parte.

It next emerges with the able assistance coming from the Revenue side that both the learned lower authoritie s have assessed the assessee’s cash cre dits and deposits in his bank account; as the case may be, totaling to Rs.3,55,29,291/- @ 8%; to the tune of Rs.28,42 ,343 /- after holding the same to have been derived from his regular business in “Arhat” and commission agency in fruits business e tc., in assessment order dated 05.03.2025 and upheld in lower appellate d iscussio n.

Faced with this situation, the tribunal hereby sees only a part merit in both the party’s respective stands. This is for the precise reason that the asse ssee all along has not satisfactorily discharged his onus of reconciliation and factual verification of all these credit entr ies vis-à-vis his b usiness turnover. The Revenue could also not support the impug ned estimatio n @8% which is found to be a bit too higher in such an unorganized business of fr uit commission agent business. Be that as it may, it is thus deeme d appropriate in the larger interest of justice that a lump sum additio n of Rs.15,00,000/- only on estimation basis in the given facts would be just and proper with a rider that the same shall not be treated as a precedent. The assessee gets relief of Rs.13 ,42,343/- in other words. Necessary computation shall fo llow as per law.

This assessee’s appeal is partly allowed.