TaxTMI 
TaxTMI 
2013 (11) TMI 1495
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.... the department. This Income Tax Appeal filed under Section 260-A of the Income Tax Act arises from an order of Income Tax Appellate Tribunal, Delhi Bench, Delhi dated 16.2.2005 for assessment year 1995-96. The appeal has been preferred by the department on following substantial questions of law:- "1. Whether on the facts and in the circumstances of the case the Tribunal is justified in law in ....
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....Master Navel Jain is concerned he has been filing return right from 1984-1985 & 1992-1993 and the same has been accepted by passing intimation order under Section 143 (1) (a). No doubt 143 (1) (a) is just an intimation. However, the fact that 143 (3) assessment was not made cannot be held against the assessee since it is the discretion of the department to make assessment either by way of scrutiny....
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...., in terms of the above the ground raised by the assessee is allowed. 7. In the result, the appeal of the assessee is allowed." It is submitted by Shri Dhananjay Awasthi that the Income Tax Officer has made additions treating the deposit in the name of Shri Nawal Jain (Minor) as unexplained. Shri Nawal Jain received gifts and utilised the amount for earning interest. The Tribunal found that jus....