KULWINDER KAUR,MOHALI vs. INCOME TAX OFFICER, CHANDIGARH
What did the Tribunal hold?
The Tribunal found that the delay could have been condoned by the CIT(A) and restored the appeal to the CIT(A)'s file for adjudication on merits. The assessee is directed to prove its case on the impugned deposits.
What were the facts?
The assessee's appeal was dismissed by the CIT(A) for a delay of 192 days, despite the assessee attempting to explain cash deposits made during the assessment year. The Assessing Officer had made an addition of Rs. 120.63 Lacs under Section 69A.
What were the issues?
Whether the CIT(A) erred in dismissing the appeal solely on grounds of delay without adjudicating on merits. The primary issue is the condonation of delay and the subsequent adjudication of the appeal on the merits of the cash deposits.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, “A” BENCH, CHANDIGARH
Before: HON’BLE SHRI MANOJ KUMAR AGGARWAL, AM & HON’BLE SHRI RAJESH DAMODARLAL SHARMA, JM
आदेश / O R D E R Manoj Kumar Aggarwal (Accountant Member) 1. Aforesaid appeal by assessee for Assessment Year (AY) 2015-16 arises out of an order of learned Commissioner of Income Tax (Appeals). NFAC [CIT(A)] dated 20.01.2025 in the matter of an assessment framed by Ld. Assessing Officer [AO] on best judgment basis u/s 147 r.w.s. 144 r.w.s. 144B of the Act on 17.03.2022.
In the assessment order, Ld. AO made addition of cash deposit of Rs.120.63 Lacs u/s 69A for want of any substantial representation from the assessee. During first appeal, the assessee filed written submissions and sought to explain the sources of these deposits. However, the appeal stood dismissed by Ld. CIT(A) for want of condonation of delay of 192 days. Aggrieved, the assessee is in further appeal before us. The only prayer of Ld. AR is adjudication of appeal on merits which has been opposed by Ld. Sr. DR. The Ld. AR stated that the assessee is in a position to explain the sources of impugned deposits. 3. We are of the considered opinion that since the assessee represented his case on merits, the delay could have been condoned by Ld. CIT(A). Nevertheless, keeping in mind the principles of natural justice, we deem it fit to restore the appeal back to the file of Ld. CIT(A) for adjudication of appeal on merits without raising the issue of delay. The assessee is directed to plead and prove its case forthwith. 4. The appeal stand allowed for statistical purposes. Order pronounced on 17th August, 2026
-Sd- -Sd- (RAJESH DAMODARLAL SHARMA) (MANOJ KUMAR AGGARWAL) JUDICIAL MEMBER ACCOUNTANT MEMBER AS Dated: 17-08-2026
आदेश की �ितिलिप अ�ेिषत /Copy of the Order forwarded to : 1. अपीलाथ�/Appellant 2. ��थ�/Respondent 3. आयकरआयु�/CIT 4. िवभागीय�ितिनिध/DR 5. गाड�फाईल/GF
BY ORDER ASSISTANT REGISTRAR INCOME TAX APPELLATE TRIBUNAL KENDRIYA SADAN, SECTOR – 9A CHANDIGARH
More judgments on Section 69A
- Vishal Kumar Patel(HUF), Raipur vs DCIT, Circle-1(1), RaipurITA 595/RPR/2026[2017-18]Status: Heard21 Oct 2026AY 2017-18
- Adj Agri International LLP, Rajkot vs The Income Tax Officer, Ward-1(1)(1), RajkotITA 1198/RJT/2026[2018-19]Status: Disposed21 Oct 2026AY 2018-19
- Ashok Singh, Jaipur vs ACIT, Circle-2 Jaipur, JaipurITA 1540/JPR/2025[2015-16]Status: Disposed21 Oct 2026AY 2015-16
- Hemal Paresh Madeka, Rajkot vs Asst.Commissioner of Income Tax…ITA 955/RJT/2026[2020-21]Status: Disposed19 Oct 2026AY 2020-21
- Neepaben Sunnybhai Motwani, Rajkot vs Income Tax Officer, RajkotITA 875/RJT/2026[2021-22]Status: Disposed19 Oct 2026AY 2021-22
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