Advertisement
Advertisement
Skip to content
Follow Us on
Advertisement
TOP STORIES
Income Tax

Redeposited Cash Cannot Be Treated as Unexplained: ITAT Delhi Deletes Addition

Case Law Details

TaxGuru Citation
2025 taxguru.in 7665
Case Name
Sunil Kumar Vij Vs ITO (ITAT Delhi)
Date of Judgement/Order
Only available for paid members
Related Assessment Year
2017-18
Advertisement

Sunil Kumar Vij Vs ITO (ITAT Delhi)

Cash Deposits During Demonetization Explained by Prior Withdrawals – ITAT Deletes Addition u/s 69A

Delhi ITAT has held that where an Assessee substantiates cash deposits during the demonetization period with sufficient prior withdrawals, such deposits cannot be treated as unexplained u/s 69A.

Assessee, a retired Railway employee, filed his return declaring income from pension, savings bank interest & arrear salary. During assessment, AO noticed cash deposits of ₹15.35 lakh during demonetization in Assessee’s bank account with Indian Overseas Bank. When called upon to explain, Assessee submitted that deposits were from earlier withdrawals, but AO rejected the explanation & made addition u/s 69A. On appeal, Addl. CIT(A) also confirmed the addition despite detailed evidence of withdrawals being placed on record.

Before Tribunal, Assessee submitted that he had withdrawn over ₹35 lakh between May & Nov 2016, with frequent large withdrawals (₹2–4 lakh on multiple occasions). AO’s reliance on an email stating that withdrawals were “used for construction & son’s marriage” was misplaced, as the son’s marriage had not taken place till 31.12.2016, i.e., even after the demonetization period. Hence, deposits during demonetization represented redeposit of earlier withdrawals & were not unexplained.

Tribunal verified the withdrawal chart & found that Assessee indeed made large & frequent withdrawals prior to demonetization. Revenue did not dispute the existence of such withdrawals. Tribunal held that redeposit of ₹15.35 lakh was well supported by cash withdrawals of ₹35 lakh. AO’s presumption that withdrawals had been spent was not borne out by evidence. ITAT held that the cash deposits were duly explained, deleted the addition of ₹15.35 lakh u/s 69A, & allowed the Assessee’s appeal in full.

Paid content

Become a Premium Member, or log in if you are already a Premium member.

Advertisement

Author Info

CA Vijayakumar Shetty
Qualification: CA in Practice
Company: Shetty & Co, Chartered Accountants, Mangalore
Location: Mangalore, Karnataka
Articles Published: 6,941

Join TaxGuru's Network for the latest updates on Income Tax, GST, Company Law, Corporate Laws and other related subjects.