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Demonetisation Cash Deposit Addition Sent Back due to Natural Justice Violation

Case Law Details

TaxGuru Citation
2026 taxguru.in 5169
Case Name
Lokesh Mittal Vs ITO (ITAT Delhi)
Date of Judgement/Order
Only available for paid members
Related Assessment Year
2017-18
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Lokesh Mittal Vs ITO (ITAT Delhi)

The Income Tax Appellate Tribunal (ITAT), Delhi considered an appeal against the order dated 10.12.2025 passed by the Commissioner of Income Tax (Appeals)/National Faceless Appeal Centre under Section 250 of the Income Tax Act, 1961. The CIT(A)/NFAC had partly confirmed additions made by the Assessing Officer under Section 69A of the Act.

The case arose from information gathered during online verification under Operation Clean Money. It was found that the assessee had deposited cash amounting to Rs. 12,44,000 in a Central Bank of India account during the demonetisation period between 10.11.2016 and 05.12.2016. The Income Tax Department also noticed that while the assessee had filed income tax returns for assessment years 2016-17, 2018-19, and 2019-20, no return had been filed for assessment year 2017-18, which was relevant to the demonetisation period.

The Department issued notices under Sections 142(1) and 131 on several dates through the ITBA portal and speed post. According to the assessment order, there was either no compliance or notices remained unserved. A final show cause notice was also issued, but no response was received. Consequently, the Assessing Officer passed an ex parte assessment order under Section 144(1)(b), making an addition of Rs. 85,54,979 under Section 69A and initiating penalty proceedings under Sections 271AAC and 271F.

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