2026 (6) TMI 1278

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....hese appeals belong to the same assessee and therefore they are heard together and disposed of by way of this common order for the sake of convenience. 2. The brief facts of the case are that the assessee is an individual and filed his return of income on 27/03/2018. The case was selected for scrutiny in view of the cash deposits during the demonetization period. The assessee submitted that he and his wife received two cheques from the DRT while selling their property and the same was deposited into their HDFC bank account on 12/12/2013 and 18/01/2014 and later on money was withdrawn and kept it with them which was redeposited during the demonetization period. The AO not accepted the contentions had added a sum of Rs. 13,35,000/- as unex....

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....her submitted that the assessee does not have any other source for earning income and therefore addition u/s. 69A could not be made. The Ld.AR further submitted that the assessee being an old person, normally kept the cash in his hand and therefore the time gap would not be a reason to treat the deposits as unexplained money u/s. 69A of the Act. Moreover there is a source for the deposits and therefore without any contra evidence, the addition could not be sustained. 7. The Ld.DR submitted that the order of the lower authorities are a detailed one and therefore the same may be confirmed. The Ld.DR also relied on the Coordinate Bench orders of this Tribunal in IT(IT)A No. 705/Bang/2022 dated 28/11/2023 and also the Hon'ble Delhi Tribunal ....

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.... 12. In the result, the appeal filed by the assessee in ITA No. 2824/Bang/2025 is allowed. 13. Now we take up the appeal in ITA No. 2825/Bang/2025. 14. In this appeal, the assessee had challenged the higher rate of tax levied under the amended Section 115BBE of the Act by way of a rectification order u/s. 154 of the Act. The earlier appeal relates to the quantum and for the said quantum addition, the AO had earlier in the 143(3) order levied tax at 30% which was increased to 60% by citing the amendment which came into effect from 01/04/2017. The said order was confirmed by the Ld.CIT(A) which is under challenge before this Hon'ble Tribunal. 15. At the time of hearing, the Ld.AR submitted that the amendment came into effect from 0....