ITAT Condones 2,073-Day Delay and Deletes Addition for Cash Deposit Explained by Property Sale and Savings


Quick Summary
The Income Tax Appellate Tribunal (ITAT) has condoned a significant 2,073-day delay in filing an appeal for an assessee who did not receive reassessment notices due to relocation. The Tribunal accepted the assessee's explanation for the delay, which included non-receipt of notices and age-related health issues. Furthermore, the ITAT deleted an addition of Rs 11 lakh, finding it unsustainable as the assessee provided evidence that the funds originated from a property sale and past savings.

Court :
NEW DELHI

Brief :
The Income Tax Appellate Tribunal (ITAT), Delhi Bench, has condoned a delay of 2,073 days in filing an appeal and deleted an addition of Rs. 11 lakh made on account of cash deposits in a joint bank account.

Citation :
ITA No. 3272/Del/2026 (A.Y 2012-13)

In the case of Hira Ballabh Khulbe v. ITO, the assessment was reopened based on AIR information relating to a cash deposit of Rs. 11 lakh in a joint bank account held by the assessee and his wife. The notice issued under Section 148, along with subsequent notices under Sections 143(2) and 142(1), was sent to the assessee’s old address in Faridabad.

The assessee submitted that he had shifted from Faridabad in December 2010 and that no family member was residing at the old address. As a result, he did not receive the notices and remained unaware of the reassessment proceedings. The assessment was consequently completed ex parte under Sections 147 read with 144, and the entire cash deposit of Rs. 11 lakh was added to his income.

The assessee claimed that he became aware of the tax demand only during AY 2023-24 through his Chartered Accountant. He thereafter filed an appeal before the National Faceless Appeal Centre (NFAC) along with an application seeking condonation of a delay of 2,073 days. The delay was supported by an affidavit and explained on the grounds of non-receipt of notices, relocation and age-related health issues.

However, the CIT(A) dismissed the appeal at the threshold on the ground of limitation without examining the matter on merits.

The ITAT accepted the explanation provided by the assessee and held that sufficient cause existed for the delay. Accordingly, the delay of 2,073 days was condoned.

On the merits, the assessee explained that Rs. 8 lakh out of the total deposit represented proceeds from the sale of a residential property, while the remaining Rs. 3 lakh was from past savings. The explanation was supported by an affidavit and relevant documentary evidence.

After considering the facts and supporting material, the Tribunal held that the addition of Rs. 11 lakh was not sustainable and directed its deletion. The assessee’s appeal was allowed.

Key Takeaway: A substantial delay in filing an appeal may be condoned where the assessee establishes sufficient cause through a credible explanation supported by evidence. Further, a cash deposit cannot be treated as unexplained income when the assessee provides a reasonable and properly supported explanation regarding its source.

Disclaimer: This AI-generated summary is for informational purposes only. Please view the attached original judgment for the complete text and authoritative interpretation.

FAQ :

The assessee had relocated from his old address in Faridabad in December 2010, and no family members were residing there. Consequently, he did not receive the notices issued under Sections 148, 143(2), and 142(1) sent to his old address.

The entire cash deposit of Rs 11 lakh made in a joint bank account was added to the assessee's income by the Income Tax Officer (ITO) as unexplained income.

The delay was explained by the non-receipt of notices, the assessee's relocation, and age-related health issues. This explanation was supported by an affidavit.

The assessee explained that Rs 8 lakh of the deposit came from the sale of a residential property, and the remaining Rs 3 lakh was from past savings. This was supported by an affidavit and documentary evidence.

The ITAT condoned the 2,073-day delay, accepted the explanation for the cash deposit, and directed the deletion of the Rs 11 lakh addition. The assessee's appeal was allowed.

 
downloaded 120 times



Judgement posted by

Professional

I write informative articles on taxation, GST, TDS/TCS compliance, corporate laws, EPF, government schemes, and finance-related topics. My focus is on simplifying complex legal, tax, and compliance matters into practical and easy-to-understand guides for professionals, businesses, and general readers.

Comments




CCI Pro



Company
ARTICLESHIP 30 September 2026
CA Article Assistant

CA Suraj Garg & Associates

New Delhi

CA Final

View Details
Company
Featured ARTICLESHIP 06 October 2026
Semi Qualified

AJAY SINGH AND CO LLP

Thane

CA Final

View Details
Company
14 October 2026
GST & TDS ASSISTANT

AGGARWAL SANJAY & ASSOCIATES

New Delhi

B.Com

View Details
Company
24 October 2026
CA Industrial Trainee

Fytomax Nutrition Private Limited

Aurangabad

CA Inter

View Details
Company
05 October 2026
Senior Accountant

Vision IT Peripherals Pvt Ltd

Mumbai

B.Com

View Details
Company
ARTICLESHIP 20 October 2026
CA ARTICLE

AMKN & CO

Noida

CA Inter

View Details
Company
19 October 2026
Accountants/Articles (Freshers/Experienced)

ADY & CO.

New Delhi

Graduate (Any)

View Details
Company
14 October 2026
Asst. Manager/Dy Manager (Costing)

manufacturing

Pune

CMA

View Details