BABI SAHA SHA,JALPAIGURI vs. DCIT, CIRCLE 1(2), JALPAIGURI, JALPAIGURI

ITA 2448/KOL/2026Status: DisposedITAT Kolkata18 September 2026AY 2017-201812 pages
AI SummaryRemanded

What were the facts?

The assessee deposited ₹4,00,000 in old currency notes during the demonetization period. The Assessing Officer (AO) treated this amount as unexplained cash credit under Section 68, while the Commissioner (Appeals) reclassified it as unexplained money under Section 69A. The assessee argued that the assessment order was time-barred and the deposit was from past savings and sale proceeds.

What did the Tribunal hold?

The Tribunal found that the assessment order was not time-barred. However, it noted that crucial evidence regarding the source of the cash deposit was not filed before the AO. Therefore, the Tribunal set aside the CIT(A)'s order and remanded the issue back to the AO for fresh adjudication.

What were the issues?

Whether the cash deposit made by the assessee was unexplained and whether the assessment order was passed within the prescribed time limit.

Which sections of the Income-tax Act were involved?

Section 68,Section 69A,Section 143(3),Section 153B(1)(b)

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, KOLKATA ‘SMC’ BENCH AT KOLKATA

Before: SHRI YOGESH KUMAR US & SHRI RAKESH MISHRA

PER RAKESH MISHRA, ACCOUNTANT MEMBER:

This appeal filed by the assessee is against the order of the Commissioner of Income Tax (Appeals)-21, Kolkata [hereinafter referred to as Ld. 'CIT(A)'] passed u/s 250 of the Income Tax Act, 1961 (hereinafter referred to as 'the Act') for AY 2017-18 dated 10.11.2025. ITA No(s). 2448/KOL/2026 Assessment Year(s) 2017-18 Babi Saha

The order continues below.

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