ASHOK KUMAR,BENGALURU vs. INCOME TAX OFFICER WARD 4(2)(4), BENGALURU

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ITA 241/BANG/2026Status: DisposedITAT Bangalore30 April 2026AY 2017-20184 pages
AI SummaryRemanded

What did the Tribunal hold?

The Tribunal held that the CIT(A) should not have dismissed the appeal on technical grounds, especially when the order number was correctly provided and no defect notice was issued. The appeal is restored to the CIT(A) for fresh consideration on merits.

What were the facts?

The assessee's appeal was dismissed by the CIT(A) due to minor discrepancies in the appeal form regarding the section and date of the assessment order. The assessee had correctly identified the order number. The ITAT noted that no defect notice was issued by the CIT(A).

What were the issues?

Whether an appeal can be dismissed on technical grounds due to minor errors in the appeal form without issuing a defect notice. Whether the CIT(A) should consider the appeal on merits despite such discrepancies.

Which sections of the Income-tax Act were involved?

Section 143(1),Section 143(3),Section 69A

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, ‘SMC’ BENCH : BANGALORE

Before: SHRI WASEEM AHMED & SHRI SOUNDARARAJAN K.

For Appellant: Shri Suraj Maldaga, CA, Shri Ganesh R Ghale, Standing

IN THE INCOME TAX APPELLATE TRIBUNAL ‘SMC’ BENCH : BANGALORE

BEFORE SHRI WASEEM AHMED, ACCOUNTANT MEMBER AND SHRI SOUNDARARAJAN K., JUDICIAL MEMBER

ITA Nos. 241 & 514/Bang/2026 Assessment Year : 2017-18

Shri Ashok Kumar, Bhandari Building, The Income Tax Market Road, Officer, Hosakote, Ward – 4(2)(4), Bengaluru Rural, Bengaluru. Bengaluru – 562 114. Vs. PAN: AKXPA7435L APPELLANT RESPONDENT

Assessee by : Shri Suraj Maldaga, CA : Shri Ganesh R Ghale, Standing Revenue by Counsel for Dept.

Date of Hearing : 28-04-2026 Date of Pronouncement : 30-04-2026

ORDER PER SOUNDARARAJAN K., JUDICIAL MEMBER

These are the two appeals filed by the assessee against the orders of the NFAC, Delhi dated 22/10/2025 in respect of the same A.Y. 2017-18.

2.

The ITA No. 241/Bang/2026 was the appeal filed on 24/01/2026 physically whereas the ITA No. 514/Bang/2026 was filed by the assessee through online. Both the appeals are numbered as ITA No. 241/Bang/2026 and ITA No. 514/Bang/2026. When the appeal in ITA No. 241/Bang/2026

Page 2 of 4 ITA Nos. 241 & 514/Bang/2026 was posted for hearing on 28/04/2026, the assessee had submitted that one appeal is the duplicate of the another appeal and prayed to dismiss the second appeal filed through online. We, therefore dismiss the appeal filed by the assessee in ITA No. 514/Bang/2026 since the same is the duplicate of the appeal filed in ITA No. 241/Bang/2026. Therefore, we are taking the appeal in ITA No. 241/Bang/2026 for deciding the same on merits.

3.

The brief facts of the case are that the assessee is an individual and filed his return of income. In the return of income, the assessee had declared the income from salary and interest under the head income from other sources. The assessee had also reported the cash deposits made during the demonetization period. Thereafter the case was selected for scrutiny and statutory notice u/s. 143(2) and 142(1) were issued. The assessee had explained that the cash deposits are the amounts received from sundry debtors in the earlier years. The Ld.CPC had not accepted the explanation and treated the cash deposits as unexplained money u/s. 69A of the Act. The salary income declared under the head income from other sources was added separately under the head income from salaries. As against the said order, the assessee had filed an appeal before the Ld.CIT(A). Mistakenly, the assessee had mentioned in form 35 about the section under which the order appealed against was passed as 143(1) whereas the correct provision was 143(3) of the Act. The assessee mentioned the date of order as 11/12/2019 instead of 10/12/2019. The assessee had correctly mentioned the order number r related to the order dated 10/12/2019 which was passed u/s. 143(3) of the Act. The Ld.CIT(A) pointed out the said mistake of wrong section as well as the date of the order and rejected the appeal by not accepting the explanation offered by the assessee.

4.

As against the said order, the present appeal has been filed by the assessee before this Tribunal.

5.

At the time of hearing, the Ld.AR submitted that the assessee had mistakenly mentioned the section as 143(1) instead of 143(3) and also

Page 3 of 4 ITA Nos. 241 & 514/Bang/2026 submitted that the order number was correctly mentioned in the form 35 and therefore contended that the appeal is maintainable in the eye of law. On merits also, the Ld.CIT(A) had not considered the documents filed and therefore prayed an opportunity may be granted by directing the Ld.CIT(A) to decide the appeal on merits. The Ld.AR further submitted that the Ld.CIT(A) had not communicated any defect notice and therefore the order of the Ld.CIT(A) is bad in law.

6.

The Ld.DR relied on the orders of the lower authorities and prayed to dismiss the appeal.

7.

We have heard the arguments of both sides and perused the materials available on record.

8.

We have considered the assessment order as well as the form 35 filed by the assessee. In form 35, the assessee had correctly mentioned the order number but mistakenly mentioned the section as 143(1) instead of 143(3) of the Act. Similarly, the date has also been mentioned as 11/12/2019 instead of 10/12/2019. These are all the mistakes which can be rectified by the assessee if the Ld.CIT(A) has given sufficient notice to the assessee. In the present case, no such communication was sent to the assessee but while deciding the appeal, the Ld.CIT(A) had mentioned the said mistakes and dismissed the appeal as not maintainable.

9.

We do not agree with the above said view of the Ld.CIT(A) for the reason that the assessee had correctly mentioned the order number which reads as follows:

ITBA/AST/S/143(3)/2019-20/1022067107(1) dated 10/12/2019

10.

In such circumstances, the Ld.CIT(A) on technical grounds ought not to have rejected the appeal as not maintainable. We therefore set aside the

Page 4 of 4 ITA Nos. 241 & 514/Bang/2026 order of the Ld.CIT(A) and restore this appeal to the file of Ld.CIT(A) for denovo consideration by treating the form 35 filed by the assessee as the one filed against the order passed u/s. 143(3) of the Act.

11.

In the result, the appeal filed by the assessee in ITA No. 514/Bang/2026 is dismissed and the appeal in ITA No. 241/Bang/2026 is allowed for statistical purposes.

Order pronounced in the open court on 30th April, 2026.

Sd/- Sd/- (WASEEM AHMED) (SOUNDARARAJAN K.) Accountant Member Judicial Member

Bangalore, Dated, the 30th April, 2026. /MS /

Copy to: 1. Appellant 2. Respondent 3. CIT 4. DR, ITAT, Bangalore 5. Guard file 6. CIT(A) By order

Assistant Registrar, ITAT, Bangalore

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