AMARAPUR BASANNA GOUDA,RAICHUR vs. INCOME TAX OFFICER, WARD-1, RAICHUR

PER KESHAV DUBEY, JUDICIAL MEMBER:

This appeal at the instance of the assessee is directed against the order of the ld. CIT(A)/NFAC dated 28.05.2024 vide DIN & Order No. ITBA/NFAC/S/250/2024-25/1065166864(1) passed u/s 250 of the Income Tax Act, 1961 (in short “the Act”) for the assessment year 2018-19.

ITA No.2453/Bang/2025 Amarapur Basanna Gouda, Raichur Page 2 of 4

ITA No.2453/Bang/2025 Amarapur Basanna Gouda, Raichur Page 3 of 4 making an addition of entire cash deposits of Rs.1,16,87,110/- in ICICI Bank Ltd. as unexplained money u/s 69A r.w.s. 115BBE of the Act. Further, on perusal of the order of ld. CIT(A)/NFAC, we also observed that the ld. CIT(A)/NFAC after condoning the delay had dismissed the appeal as the assessee despite providing four numbers of opportunities of being heard failed to make any submissions in support of the grounds of appeal.

3.1 Before us, the ld. A.R. of the assessee vehemently submitted that the assessee is an individual and engaged in the business of wholesale and retail trading of coconuts under a proprietorship concern running under the name and style of M/s. S.B. Coconut Company. It is also submitted that the entire sale proceeds were deposited by the assessee in the bank account and the regular deposits and withdrawals were being made evidenced by the entries in the bank statement. It is also submitted that the assessee filed statements showing purchases and sales of coconuts on monthly basis. Further, the ld. A.R. submitted that the assessee was completely unaware of the modalities of the functioning of the income tax portal being technologically ignorant and therefore could not check the notices regularly and accordingly, failed to provide responses before the authorities below in a timely manner and prayed that one more opportunity of being heard may granted before the AO in the interest of justice and fair play. This being so, in the interest of justice, equity and fair play and as requested by ld. A.R. of the assessee, we deem it fit and proper to remit the entire issue in dispute to the file of AO to decide afresh in accordance with law. Needless to say, a reasonable opportunity of being heard must be granted to the assessee. The assessee is also directed to cooperate with the proceedings and submit all the relevant documents/evidence/information in support of his contention. We

ITA No.2453/Bang/2025 Amarapur Basanna Gouda, Raichur Page 4 of 4 make it clear that in case of further default, the assessee shall not be entitled for any leniency.

Order pronounced in the open court on 23rd July, 2026

Sd/- Sd/- (Prashant Maharishi) (Keshav Dubey) Vice President Judicial Member

Bangalore, Dated 23rd July, 2026. VG/SPS

Copy to:

Asst. Registrar, ITAT, Bangalore.