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Judgment
This assessee’s appeal for Assessment Year 2017-18, arises against the CIT(A)/NFAC, Delhi’s DIN & order No. ITBA/NFAC/S/250/2025-26/1083236460(1), dated 02.12.2025 in proceedings u/s 147 r.w.s. 144 of the Income Tax Act, 1961 (in short “the Act”).
Heard both the parties. Case file perused.
A perusal of the case records including the assessment order and the lower appellate discussion reveals that an addition of Rs.26 lakhs representing her alleged unexplained investment has been made in her hands. The learned counsel has invited the tribunal’s attention to the assessee’s purchase deed at page 54 of the paper book wherein a sum of Rs.22.40 lakhs appears to have come from LIC Housing Finance Ltd. by HDFC bank cheque. The learned counsel further invited the tribunal’s attention to page 49 indicating her to have withdrawn cash of Rs.6,30,000/- to explain the source of the remaining sum of Rs.5.60 lakhs paid in cash. He could hardly dispute that the assessee’s purchase deed was very well before the impugned cash withdrawals which has not been substantiated in both the lower authorities’ orders. The facts remains that both the lower authorities have not considered the assessee’s socio economic status as well as her cash in hand all along regarding the latter cash component of Rs.5.60 lakhs.
Faced with this situation, I am of the considered view that a lumpsum addition of Rs.2 lakhs only in the assessee’s hands would be just and proper with a rider that the same shall not be treated as a precedent. Necessary computation to follow as per law.
This assessee’s appeal is partly allowed.