Rekha vs Income Tax Officer

This assessee’s appeal for Assessment Year 2018-19 arises against the C IT(A)/NFAC, De lhi’ s DIN & order No. ITBA/NFAC/S/250/2025-26/1082028049(1) dated 27.10.2025, in proceedings u/s 143(3) of the Income Tax Act, 1961 (in shor t “the Act”).

Heard both the p arties at length. Case file perused.

Delay of 56 days in filing of the instant appeal is condoned in the larger interest of justice in lig ht of Collector Land Acquisition vs. Mst. Katiji & Ors (1987) 167 ITR 471 (SC).

Learned counsel submits at the outset that the assessee/appellant herein is aggrieved against both t he learned lower authorities’ action treating his credit card payments in cash of Rs.45,26,000/- as unexplained u/s 69 A o f the Act; in assessment orde r dated 04.05 .2021 as upheld in the lower appellate discussion.

It is in this factual backdrop that the tribunal herein sought to ascertain the assessee’s regular business activity carried out in the relevant previous year . Learned counse l has invited the tribunal’s attention to page 4 in the assessment order wherein the Assessing Officer himself gives him benefit of doubt that possibility of his cash deposits coming from various patients in medical agent business for the purpose of treatment of overseas p atients could no t be altogether ruled out. The facts also remains that the asse ssee has failed to plead and prove the same to the entire satisfaction of both the learned lower authorities. Be that as it may, it is deemed appropriate in the se peculiar facts that a further lump sum addition of Rs.2 ,00,000/- only in the assessee’s hands would be just and proper with a rider that the same shall not be treated as a precedent. The assessee gets relief of Rs.43,26,000/- in other words. Necessary co mputation shall follow.

This assessee’s appeal is partly allowed.