Deposited demonetization cash in your NRI account and got a tax notice? This ITAT ruling is important 👇
This case is directly relevant to NRIs who sent money to elderly parents in India over the years and had leftover cash deposited during demonetization.
Background
Arun Bussi is a US citizen and NRI living and working in America. He has no source of income in India apart from interest on his savings account.
Over several years starting from 2006, he regularly sent money to his aged parents in India, both senior citizens undergoing medical treatment including heart surgery. The money was sent through Moneygram transfers and carried in cash during his visits to India.
In November 2016, when he visited India from November 19 to December 4, he found that ₹11.18 lakh in unused cash was lying with his parents from the amounts given to them over the years. Due to demonetization, he deposited this amount in his own ICICI Bank savings account in two tranches:
- November 21, 2016: ₹1.98 lakh
- December 3, 2016: ₹9.20 lakh
The tax department treated this as unexplained income and raised a demand.
What the Tax Department said
The Assessing Officer rejected Arun's explanation and added ₹11.18 lakh to his income as unexplained cash.
The objections raised were:
- The salary slip from the US employer did not clearly mention his designation, raising doubt about his employment claims
- Cash accumulated over multiple years with elderly parents without proper documentation was not considered a credible explanation
- The source of the deposited cash was not accepted as satisfactorily proven
The addition was taxed at the enhanced rate under Section 115BBE, which applies to unexplained income. Both the original assessment and the subsequent appeal before CIT(A) went against Arun. He was also living abroad and could not appear personally, which added a procedural layer to the case.
What the taxpayer argued
Arun filed a detailed affidavit before the ITAT, supported by the following evidence:
- Moneygram transfer receipts showing remittances sent to India from the US
- US bank statements showing cash withdrawals before his India visits
- Passport copies showing his travel history to India across FY 2013-14, 2014-15, 2015-16, and 2016-17, reconciled with the dates of cash brought into India
- Confirmation that neither he nor his wife or children had any income source in India
- Clarification on the salary slip issue, including a copy showing his designation clearly
His core argument was straightforward. The cash was not earned in India. It was accumulated from money he had sent to his parents over many years for their medical and daily needs. Elderly parents cannot reasonably be expected to maintain meticulous records of every rupee kept at home. The deposit was simply a necessity created by demonetization.
What the court decided
ITAT Delhi allowed both appeals on April 8, 2026.
The Tribunal held that the benefit of presumption must be given to the assessee given the totality of circumstances. Key observations included:
- The Assessing Officer had not identified any other source of income for either Arun or his parents beyond the remittances from abroad
- Aged parents cannot realistically be expected to maintain detailed records of cash kept at home
- The overall pattern of remittances, travel history, and the absence of any Indian income source made the explanation credible
The addition of ₹11.18 lakh was directed to be deleted. Since the main addition was removed, the second appeal regarding the enhanced tax rate under Section 115BBE also did not survive.
The case references are ITA No. 231/Del/2021 and ITA No. 2171/Del/2023, Assessment Year 2017-18.
Key takeaway
NRIs who send money to parents in India and have cash deposited during demonetization are not automatically in the wrong. But documentation matters significantly when the tax department comes knocking.
Practical lessons from this case:
- Keep records of all remittances made to India, including Moneygram receipts, wire transfer confirmations, and bank statements
- Maintain passport records showing travel dates to India if you carry cash during visits
- If elderly parents hold cash on your behalf, a simple written note or acknowledgment at the time can help establish the source later
- The absence of any other income source in India can itself work in your favor as supporting evidence
Order Copy: https://itat.gov.in/public/files/upload/1775721494-w4DrCt-1-TO.pdf