KISHORMAL BHABUTMALJI JAIN ,MUMBAI vs. ITO WARD 20(2)(1), MUMBAI

IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI “E” BENCH : MUMBAI BEFORE SHRI VIKRAM SINGH YADAV, ACCOUNTANT MEMBER AND SHRI SANDEEP SINGH KARHAIL, JUDICIAL MEMBER ITA No. 1787/Mum/2026 Assessment Year : 2017-18 Kishormal Bhabutmalji Jain, Income Tax Officer-20(2)(1), 35, 1st Floor, Piramal Chambers, Krishna Bhavan, vs. Parel, Carpenter Street, Mumbai-400012. Mumbai-400008. PAN : AADPJ2942H (Appellant) (Respondent) For Assessee : NONE For Revenue : Shri Hemanshu Joshi, Sr.DR Date of Hearing : 06-05-2026 Date of Pronouncement : 12-05-2026 O R D E R PER VIKRAM SINGH YADAV, A.M : This is an appeal filed by the assessee against the order of the Learned Commissioner of Income Tax (Appeals)-National Faceless Appeal Centre (NFAC), Delhi [„Ld.CIT(A)‟], dated 04-11-2025, pertaining to Assessment Year (AY) 2017-18. 2. At the outset, it is noted that there is a delay in filing the appeal as pointed out by the Registry. After hearing both the parties and perusing the facts placed on record, we find that there was reasonable cause for the delay in filing the present appeal and hence, the delay is hereby condoned and appeal is admitted for adjudication. 3. Briefly, the facts of the case are that the assessment in this case was completed u/s. 143(3) of the Income Tax Act, 1961 („the Act‟), vide order dt. 28-12-2019, wherein the AO has brought to tax a sum of

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Rs. 2,49,45,500/- as un-explained money u/s. 69A r.w.s. 115BBE of the Act and exempt income amounting to Rs. 51,26,400/- was disallowed and the assessed income was determined at Rs. 3,03,94,800/-. The assessee thereafter carried the matter in appeal before the Ld.CIT(A), who has since dismissed the appeal of the assessee on account of non-prosecution and against the said order, the assessee is in appeal before us. 4. During the course of hearing, none appeared on behalf of the assessee nor was any adjournment application filed. The Ld.DR is heard, who has relied on the orders passed by the lower authorities. 5. Considering the fact that the appeal of the assessee has been dismissed on account of non-prosecution and there is no finding on the merits of the case, we are of the considered opinion that in the interest of justice, the assessee should be granted one more opportunity to represent his case diligently before the Ld.CIT(A). Consequently, we deem it fit and proper to set aside the impugned order and restore the matter to the file of the Ld.CIT(A) for deciding the same afresh as per law, after providing reasonable opportunity to the assessee. We also direct the assessee to fully co-operate with the Ld.CIT(A) for expeditious disposal of the matter and is at liberty to file necessary explanation / documentation as so advised. 6. In the result, the appeal filed by the assessee is allowed for statistical purposes. Order pronounced in the open court on 12-05-2026

Sd/- Sd/- [SANDEEP SINGH KARHAIL] [VIKRAM SINGH YADAV] JUDICIAL MEMBER ACCOUNTANT MEMBER Mumbai, Dated: 12-05-2026 TNMM

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Copy to : 1) The Appellant 2) The Respondent 3) The CIT concerned 4) The D.R, ITAT, Mumbai 5) Guard file

By Order Dy./Asst. Registrar I.T.A.T, Mumbai