Tukaram Dnyaneshwar Bhalekar Vs ITO (ITAT Pune)
The appeal before the Income Tax Appellate Tribunal Pune arose from an ex-parte order passed by the Commissioner of Income Tax (Appeals) / NFAC for Assessment Year 2017–18, whereby the assessee’s appeal was dismissed in limine due to a delay of 143 days in filing, without adjudication on merits. The underlying assessment treated cash deposits of ₹1,42,79,000 in the assessee’s bank account as unexplained money under Section 69A of the Income-tax Act, 1961.
The assessee, an individual engaged in retail trading of agriculture and animal husbandry services through a proprietary concern, had not filed the return of income within the prescribed time under Section 139. Based on information regarding substantial cash deposits, the Assessing Officer reopened the assessment under Section 147 and issued notice under Section 148. Owing to repeated non-compliance by the assessee, the assessment was completed ex-parte under Sections 147 read with 144, determining total income equal to the cash deposits and treating the same as unexplained.
On appeal, the CIT(A)/NFAC dismissed the case solely on the ground that no application for condonation of delay or affidavit explaining the delay was filed. Before the Tribunal, the assessee contended that he was not well versed with income-tax proceedings and sought an opportunity to explain both the delay and the source of cash deposits. The Department relied on the order of the CIT(A)/NFAC.
