Joginder Singh Johal v. ITO (2023) 102 ITR 9 (SN) (Kol) (Trib)

S. 69A: Unexplained money-When sufficient explanation for the source of the Cash deposits were provided to the lower authorities, it was incorrect to disregard the same, unless enquiries to prove contrary facts were made & established.

Before the Hon’ble Tribunal, the Assessee reiterated its contentions that the monies pertained to the advances received as against sales consideration of the property being sold. And, that all the evidence pertaining to the said transaction (including the agreement bearing testimony to these cash deposits) had been placed on record before the lower authorities. The Hon’ble Tribunal held that there was sufficient source of cash deposits into the bank accounts of the assessee. Also, that the lower authorities had failed to make enquiries to prove the source of cash deposit was from any other source. The Hon’ble Tribunal thereby directed deletion of the addition made by the Assessing officer.(AY.2017-18.)