2025 (12) TMI 334

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.... ORDER PER RAJESH KUMAR, AM : ITA No.2307/KOL/2024 is filed by the assessee against the order dated 22.09.2023, passed by the ld. CIT(A), National Faceless Appeal Centre (NFAC), Delhi, for the assessment year 2017-2018. ITA No.532/KOL/2025 is a duplication of ITA No.2307/KOL/2024. 2. At the outset we note that there is delay of 473 days in filing the appeal by the assessee. The ld counse....

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....AO was justified in determining the tax payable by the assessee on the duly accounted for professional receipts of Rs. 28,27,000/- as per Section 115BBE of the Act. Grounds No.2 & 3 are in support of the ground No.1. 4. Brief facts of the case are that the assessee is a doctor by profession and filed her return of income on 27.10.2017 declaring total income at Rs. 71,29,150/-, which was selecte....

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....ve that the said deposit represents receipts of fees. Therefore, the ld. CIT(A) held that the source of cash deposit stood unexplained. Accordingly, upheld the addition made by the AO treating the same as unexplained income and also held the same is liable for taxation at the rate of 60% by virtue of provisions of Section 115BBE of the Act. 6. After hearing the rival contentions and perusing th....

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....rd, the assessee has also provided the cash receipt and deposit in the bank which has been tabulated by the AO in its order at page 5. Therefore, it is clear that the amount deposited in the bank account was her accounted money. Accordingly, we set aside the order of the ld. CIT(A) by holding that provisions of section 115BBE of the Act are not applicable in the assessee's case. Thus, this appeal ....