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Facts
The assessee failed to file income tax returns and did not respond to notices. The Assessing Officer made additions for unexplained cash deposits based on information received. The CIT(A)/NFAC confirmed these additions, and the assessee appealed.
Held
The Tribunal held that the assessee did not provide any evidence to substantiate the source of large cash deposits. Consequently, the additions made by the Assessing Officer and confirmed by the CIT(A)/NFAC were upheld.
Key Issues
Whether the addition of unexplained cash deposits under section 69A is justified when the assessee fails to provide substantiation or respond to notices?
Sections Cited
69A, 147, 144, 144B, 148, 142(1), 115BBE
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Income Tax Appellate Tribunal, PUNE BENCH “A”, PUNE
Before: SHRI R. K. PANDA & MS ASTHA CHANDRA
The above batch of three appeals filed by the assessee are directed against the separate orders dated 31.01.2025 of the Ld. CIT(A) / NFAC, Delhi relating to assessment years 2014-15, 2015-16 and 2013-14, respectively. Since identical grounds have been raised by the assessee in all these appeals, therefore, for the sake of convenience, these were heard together and are being disposed of by this common order.
None appeared on behalf of the assessee at the time of hearing and no application seeking adjournment of the case has also been filed. A perusal of the order sheet entries shows that the case was first fixed for hearing on 16.07.2025 and got adjourned at the request of the Ld. Counsel for the assessee to 30.07.2025. However, on 30.07.2025 none appeared on behalf of the assessee nor any application seeking adjournment of the case was filed for which the case was adjourned to 19.08.2025. On 19.08.2025, again none appeared on behalf of the assessee nor any application seeking adjournment of the case was filed for which the case was adjourned to 27.10.2025. However, today also i.e. on 27.10.2025, when the name of the assessee was called, none appeared. Under these circumstances, we deem it proper to decide the appeal on the basis of material available on record and after hearing the Ld. DR. for assessment year 2013-14 as the lead case.
Although a number of grounds have been raised by the assessee, however, these all relate to the order of the Ld. CIT(A) / NFAC confirming the addition of Rs.15,72,69,506/- made by the Assessing Officer as unexplained cash deposit u/s 69A of the Act in the order passed u/s 147 r.w.s. 144 r.w.s. 144B of the Act.
Facts of the case, in brief, are that the assessee in the instant case has not filed his return of income. Information was available with the department that the assessee has made huge cash deposits to the tune of Rs.15,72,69,506/- in M/s. Shri Ranuka Mata Multi State Urban Co-operative Credit Society Ltd. Accordingly notice u/s 148 of the Income Tax Act, 1961 (hereinafter referred to as ‘the Act’) was issued on 23.07.2022. However, there was no compliance from the side of the assessee. Subsequently notices u/s 142(1) of the Act were issued three times but again there was no compliance from the side of the assessee for which a show cause notice was issued. Again there was no compliance from the side of the assessee. Finally the Assessing Officer issued show cause notice u/s 144 of the Act on 16.03.2023 asking the assessee to make his submissions, if any, on 23.03.2023. However, there was no compliance from the side of the assessee. Finally, the Assessing Officer issued another notice on 10.04.2023 and still there was no compliance from the side of the assessee. The Assessing Officer, therefore, proceeded to complete the assessment u/s 144 of the Act. In absence of any reply from the side of the assessee substantiating the source of cash deposits of Rs.15,72,69,506/- he made addition of the same u/s 69A of the Act. Similarly, for assessment year 2014-15 the Assessing Officer made addition of Rs.8,40,49,984/- being variation in respect of issue of credits and for assessment year 2015-16 the Assessing Officer made addition of Rs.7,07,12,230/- being the unexplained cash deposit u/s 69A r.w.s. 115BBE of the Act.
Since there was no compliance before the Ld. CIT(A) / NFAC, the Ld. CIT(A) / NFAC dismissed all the three appeals filed before him. It is pertinent to mention that the Ld. CIT(A) / NFAC while deciding the issue has passed a detailed speaking order sustaining the additions made by the Assessing Officer.
Aggrieved with such order of the Ld. CIT(A) / NFAC, the assessee is in appeal before the Tribunal.
We have heard the Ld. DR and perused the record. It is an admitted fact that the assessee during the impugned assessment year has made cash deposits to the tune of Rs.15,72,69,506/- in M/s. Shri Renuka Mata Multi State Urban Co- operative Credit Society Ltd. The assessee has neither filed any return of income nor filed any response to the various notices issued by the Assessing Officer including the notice u/s 144 of the Act proposing the addition. Before the Ld. CIT(A) / NFAC also, the assessee has neither participated in the appeal proceedings nor filed any details to substantiate the source of such huge cash deposits in the account maintained with M/s. Shri Renuka Mata Multi State Urban Co-operative Credit Society Ltd. Even before us also, nothing has been filed to substantiate the source of such huge cash deposits in the account maintained with M/s. Shri Renuka Mata Multi State Urban Co-operative Credit Society Ltd. Under these circumstances, we do not find any infirmity in the order of the Ld. CIT(A) / NFAC sustaining the addition made by the Assessing Officer u/s 69A being the unexplained cash deposits. We, therefore, uphold the same. The grounds raised by the assessee are accordingly dismissed.
& 853/PUN/2025 (A.Ys. 2014-15 & 2015-16)
Identical grounds have been raised by the assessee in & 853/PUN/2025 for assessment years 2014-15 and 2015-16 respectively. Following similar reasonings the grounds raised by the assessee are dismissed.
In the result, all the three appeals filed by the assessee are dismissed.
Order pronounced in the open Court at the conclusion of hearing itself i.e. on 27th October, 2025.
Sd/- Sd/- (ASTHA CHANDRA) (R. K. PANDA) JUDICIAL MEMBER VICE PRESIDENT पुणे Pune; दिन ांक Dated : 27th October, 2025 GCVSR आदेश की प्रतितिति अग्रेतिि/Copy of the Order is forwarded to: 1. अपीलार्थी / The Appellant; 2. प्रत्यर्थी / The Respondent 3. The concerned Pr.CIT, Pune 4. DR, ITAT, ‘A’ Bench, Pune 5. गार्ड फाईल / Guard file. आदेशानुसार/ BY ORDER, // True Copy // Senior Private Secretary आयकर अपीलीय अधिकरण ,पुणे / ITAT, Pune
S.No. Details Date Initials Designation 1 Draft dictated on 27.10.2025 Sr. PS/PS 2 Draft placed before author 27.10.2025 Sr. PS/PS Draft proposed & placed before the 3 JM/AM Second Member Draft discussed/approved by Second 4 AM/AM Member 5 Approved Draft comes to the Sr. PS/PS Sr. PS/PS 6 Kept for pronouncement on Sr. PS/PS 7 Date of uploading of Order Sr. PS/PS 8 File sent to Bench Clerk Sr. PS/PS Date on which the file goes to the Head 9 Clerk 10 Date on which file goes to the A.R. 11 Date of Dispatch of order