Ram Bhagat vs Income Tax Officer

This assessee’s appeal for assessment year 2011-12, arises against the Commissioner of Income Tax (Appeals), [in short, the “Ld. CIT(A)”], Kolkata’s order dated 01.09.2025 having DIN & Order No. ITBA/APL/S/250/2025-26/1080231909(1), involving proceedings under section 147 r.w.s. 143(3) of the Income-tax Act, 1961 (hereinafter referred to as ‘the Act’).

Heard both the parties. Case file perused.

The assessee’s captioned appeal is stated to be arising against both the lower authorities’ respective assessment and lower authorities findings, making section 68 addition of Rs. 17,54,750/- coming to 50% of his total cash deposit of Rs. 35,09,500/- as the sole subject matter of tribunal’s apt adjudication.

Both parties vehemently argued in support of impugned addition. The assessee has admittedly been granted relief to the extent of 50% as he could plead and prove to have owned a single truck for the purpose of presumptive provisions u/s 44AE of the Act. The Revenue’s case, accordingly, is that the remaining addition of amount of Rs. 17.54 lakhs deserve to be upheld as no other truck has been found to be registered in the assessee’s case. Learned counsel for the assessee submitted that although the truck does not own by assessee, his son had been given the truck his vehicle on lease and corresponding diesel and other miscellaneous expenses thereon already stand accepted in both the lower proceedings. There is no specific denial thereof coming from the Revenue’s side. I therefore, find merit in the assessee’s case. The fact also remains that in such partial failure, a lump-sum addition of Rs. 1 lakh will meet the ends of justice. The assessee get relief of Rs. 16,54,750/- in other words. Necessary computation shall follow.

This assessee’s appeal is partly allowed.