PUNEET NANDA,HARYANA vs. ITO WARD-1, PANIPAT
What did the Tribunal hold?
The Tribunal found that the assessee's appeal before the CIT(A) was dismissed for delay, but the CIT(A) also made observations on merits, which was not legally permissible. The Tribunal decided to set aside the impugned order.
What were the facts?
The Assessing Officer made an addition on account of credit entries in a bank account allegedly maintained by the assessee with HDFC Bank. The assessee claimed these credit entries were duly reported as income in the firm's return.
What were the issues?
Whether the addition made by the AO on account of bank credit entries was justified, and whether the CIT(A) erred in dismissing the appeal for delay while also making observations on merits.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, “A” BENCH, DELHI
Before: SHRI ANUBHAV SHARMA & SHRI MANISH AGARWAL
PER ANUBHAV SHARMA, JM:
This appeal is preferred by the assessee against the order dated
17.03.2025 of the Ld. National Faceless Appeal Centre (NFAC), Delhi
(hereinafter referred as Ld. First Appellate Authority or in short Ld. ‘FAA’)
in DIN & Order No.: ITBA/NFAC/S/250/2024-25/1074569833(1) arising out
P a g e | 2 ITA No. 6431/Del/2025 Puneet Nanda (AY: 2013-14) of the order dated 09.05.2023 u/s 147 r.w.s 144 r.w.s 144B of the Income Tax
Act, 1961 (hereinafter referred to as ‘the Act’) passed by the Assessment
Unit, Income Tax Department, for AY: 2013-14.
On hearing both sides we find that the assessment order was pssed u/s
147 r.w.s 144 of the Act wherein assessing officer has made an addition on
account of credit entries in account allegedly maintained by assessee with
HDFC Bank Muzaffarnagar assessee proprietor of M/s Gobind Trading
Company and is maintaining this account with HDFC Bank Muzaffarnagar.
Ld. counsel has submitted that in the return filed by the firm the credit entries
have been duly reported as income. We find that as assessee approached ld.
CIT(A) the appeal of assessee was dismissed for delay in filing the appeal by
75 days. Thereafter ld. CIT(A) has also made observations on merits.
Something which is not under law as if the appeal was dismissed on ground
of delay that at all merits would be discussed. We find that in fact assessee
had failed to appear before ld. CIT(A) and observations were also made by
ld. CIT(A) on the fact that in spite of notices assessee is not appearing.
In the light of aforesaid considering that the assessment order was
passed u/s 144 of the Act and ld. Counsel of the assessee has submitted that
P a g e | 3 ITA No. 6431/Del/2025 Puneet Nanda (AY: 2013-14) income has been reported in the hands of firm. We consider it appropriate
case to set aside the impugned order and restore the issue on merits to the
files of the ld. Assessing Officer to give fresh opportunity of hearing to the
assessee and pass assessment order afresh.
Order pronounced in the open court on 29.04.2026
Sd/- Sd/- (Manish Agarwal) (Anubhav Sharma) ACCOUNTANT MEMBER JUDICIAL MEMBER Dated 29.04.2026 Rohit, Sr. PS
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