NANDIKISHOR TRIPATHY,SAMBALPUR vs. ITO,WARD-1, PALANPUR

Shri P.K.Mishra, P.K.Mishra, ld AR appeared for the assessee and Shri the assessee and Shri S.C.Mohanty, Sr. S.C.Mohanty, Sr. DR appeared for the revenue.

The appeal is delayed by 4 days. The assesseer has filed condonation petition supported by affidavit, stating that as the assessee had undergone medical treatment due to viral fever and chest pain from 14.9.2024 to 19.9.2024, the appeal could not be filed within the stipulated time. It was the contention that the delay be condoned and appeal be heard on merits. As the contention pleaded by the assessee has not been found to be false, we condone the delay of 4 days and admit the appeal for hearing on merits.

It was submitted by ld AR that the assessee is an agriculturist and had been dealing in paddy. It was the submission that the Assessing Officer did not accept the claim of the assessee and treated the entire deposits in the bank account of the assessee as unexplained cash credit. On appeal, the ld CIT(A) accepted the contention of the assessee to an extent of Rs.66,43,769/- and had restored the issue to the file of the Assessing Officer in respect of interbank transfer of Rs.22,30,000/-. It was the submission that in respect of balance of Rs.44,33,589/-, this was out of paddy credit account of the assessee. Ld AR has placed before us a copy of the bank account with The Sambalpur Dist. Co-operative Central Bank ltd.,, which shows the paddy cost etc. It was the submission that the issue may be restored to the file of the Assessing Officer so that the assessee would be able to provide all the evidences before the Assessing Officer.

In reply, ld Sr DR submitted that the issue of interbank transfer has already been restored by the ld CIT(A). It was the submission that the addition of Rs.44,33,589/- is liable to be upheld.

We have considered the rival submissions. A perusal of the facts in the present case clearly shows that before the AO, the assessee had not produced any evidences, which have been produced before the ld CIT(A) as also before us. The said bank account with The Sambalpur Dist. Co- operative Central Bank ltd also was not before the Assessing Officer. This being so, in the interest of justice, the issues in this appeal are restored to the file of the Assessing officer for readjudication denovo after granting the assessee due opportunity of hearing.

In the result, appeal of the assessee stands partly allowed for statistical purposes.