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2018 Supreme(Del) 1884

SANJIV KHANNA, CHANDER SHEKHAR
Late Sh. Dinesh Kumar Jain (Through Legal Heir Sh. Ankit Jain) – Appellant
Versus
Principal Commissioner of Income Tax, New Delhi – Respondent


Advocates Appeared:
For the Appellant :Mr. C.S. Aggarwal, Senior Advocate with Mr. Prakash Kumar, Advocate
For the Respondent:Mr. Raghvendra Singh, Advocate

JUDGMENT :

SANJIV KHANNA, J.

The present appeal under Section 260A of the Income Tax Act, 1961 has been filed by the legal heirs of Late Dinesh Kumar Jain.

2. The appeal impugns the order dated 16.10.2017 passed by the Income Tax Appellate Tribunal in ITA No.3612/Del/2016 and relates to Assessment Year 2011-2012.

3. The impugned order upholds addition of Rs.27,33,333/- made by the Assessing Officer and affirmed by the Commissioner of Income Tax (Appeals) on account of unexplained cash deposits of Rs.82,00,000/- made on different dates in the joint bank account of the appellant-assessee along with two others.

4. Factum that Rs.82,00,000/- was deposited in cash in the joint bank account on different dates is not disputed and under challenge.

5. Appellant has drawn our attention to the cash flow chart, enclosed as annexure-4 to the appeal, and submits that Rs.1,52,00,000/- was withdrawn in cash from the joint bank account on different dates between 3.5.2010 till 4.1.2011. Rs.82,00,000/- was deposited in cash on different dates between 24.5.2010 till 31.1.2011. Revenue, it is argued, acc










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