3 weeks ago
Retired teacher wins ITAT tax case over late notice
A retired school teacher in India kept a lot of money in bank accounts.
The money was about one and a half crore rupees, which is a huge amount.
The teacher did not fill out the yearly tax form called an income tax return.
The tax office thought the money might be income that should be taxed.
They wanted to check the teacher's old tax year from 2015–16.
But there is a rule that the tax office must send its official letter on time.
The tax office sent the letter about a month after the deadline.
A special tax judge, called the ITAT, said the letter came too late.
Because the letter was late, the judge stopped the tax office from reopening the case.
The judge did not say the money is tax-free—just that the tax office missed its deadline.
A retired school teacher from Mysore won his income tax dispute before ITAT Bangalore over ₹1.33 crore in cash deposits.
ITAT quashed the reassessment because the Section 148 notice was issued on 26 April 2022, beyond the 31 March 2022 limitation deadline.
The flagged transactions included ₹13 lakh in Bank of Baroda, ₹60 lakh in Canara Bank, another ₹60 lakh, and ₹12,701 in interest.
The teacher had not filed an income tax return for assessment year 2015-16, citing agriculture and savings bank interest as income sources.
The tribunal did not rule the deposits tax-free; the department had assessed his income at about ₹48.85 lakh.
- Who
- A retired school teacher from Mysore, the income tax department, and ITAT Bangalore.
- What
- ITAT Bangalore quashed reassessment proceedings over ₹1.33 crore cash deposits, ruling the Section 148 notice was invalid.
- Where
- Bangalore (ITAT) and Mysore (taxpayer).
- When
- The reassessment concerned AY 2015-16; the notice was issued on 26 April 2022, after the 31 March 2022 deadline.
- Why
- The notice was issued beyond the permitted limitation period for reopening the assessment.
Taxpayer's position
Income tax department's position
Notice timing vs. reassessment validity
Taxpayer's position
The Section 148 notice came 26 days after the 31 March 2022 limitation deadline, so reopening AY 2015-16 was legally barred.
Income tax department's position
The department believed the large, unexplained cash deposits justified reopening the case, and the taxpayer had not responded to earlier notices.
Merits of the cash deposits
Taxpayer's position
The tribunal accepted the reassessment was invalid; the taxpayer cited agriculture and savings bank interest as income sources.
Income tax department's position
The tribunal did not rule the deposits tax-free, so the department's suspicion of undisclosed income was never resolved on the merits.
Key facts
- Cash deposits flagged
- ₹1,33,12,701 (about ₹1.33 crore)
- Assessment year
- 2015-16
- ITR filing status
- Not filed
- Section 148 notice date
- 26 April 2022
- Limitation deadline
- 31 March 2022
- Income determined by officer
- About ₹48.85 lakh
- Stated income sources
- Agriculture and savings bank interest
- Tribunal ruling
- Reassessment under Section 147 quashed; notice invalid









