Jagjit Singh v. ITO (2023)101 ITR 298 (Amritsar) (Trib)

S. 69A : Unexplained money-Cash deposit during demonetization-Cash from sundry creditors-Not in violation of receiving specified bank notes-Failure by assessee to explain source-Matter Remanded.

The Hon’ble Tribunal that the assessee had received specified bank notes during demonetisation period on November 10, 2016. The amount was received before the appointed day, i. e., December 31, 2016 and was deposited in the bank account. So, the assessee was not in a violation for receiving specified bank notes in terms of the Act. The source was not explained before the Revenue authorities as the assessee was not able to submit evidence before any of the authorities. Therefore, the matter was set aside and remanded to the Assessing Officer for necessary verification de novo. The Assessing Officer shall provide proper and adequate opportunity of being heard to the assessee and the evidence and explanation submitted by the assessee shall be admitted by the Assessing Officer and adjudicated on the merits in accordance with law.(AY. 2017-18)