SHAILENDRA VASHNAV,DEWAS vs. INCOME TAX OFFICER (WARD-1), DEWAS, DEWAS

ITA 298/IND/2026Status: DisposedITAT Indore24 June 2026AY 2009-105 pages
AI SummaryAllowed

What did the Tribunal hold?

The Tribunal held that since the revisionary order under Section 263, which formed the basis for the assessment order, was quashed, the consequential assessment order became infructuous. Therefore, the addition made for unexplained cash deposits was deleted.

What were the facts?

The assessee's appeal was filed 86 days late. The assessee, a low-literate labourer, claimed to have learned of the impugned order only upon receiving a penalty notice. The ITAT condoned the delay.

What were the issues?

Whether the assessment order passed subsequent to a quashed revisionary order is valid. Whether the addition for unexplained cash deposits is sustainable when the basis of assessment is invalidated.

Which sections of the Income-tax Act were involved?

Section 263,Section 143(3),Section 147

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, INDORE BENCH, INDORE

Before: SHRI Dr. MANISH BORAD, ACCOUNTANT & MEMBER SHRI PARESH M. JOSHI

For Respondent: Shri Ashish Porwal, Sr. DR
Hearing: 22.6.2026

PER Dr. MANISH BORAD, A.M:

This appeal of Assessee pertaining to A.Y. 2009-10 is directed against the order of First Appellate Authority

ITA No.298 of 2026 2

dated 15.9.2025 which is arising out of the order u/s 263 w.r.s.143(3)/147 of the Income Tax Act 1961 (hereinafter called as the ‘Act’) framed on 20.12.2019 by ITO-1, Dewas.

2.

The only effective issue raised in this appeal is challenging the addition of Rs.10,52,000/- for unexplained cash deposits in the bank account.

3.

We find that this appeal is time-barred by 86 days. The Ld. Counsel for the assessee referring to the affidavit with application for condonation of delay submitted that the assessee is a labou

The order continues below.

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