AMBEKAR BEVERAGE AND FOOD PRIVATE LIMITED ,MUMBAI vs. ITO WARD 6(1)(2), MUMBAI

सुिवधई की िधरीख / Date of Hearing 24.04.2025 घोर्णध की िधरीख/Date of Pronouncement 30.04.2025 आदेश / O R D E R PER RENU JAUHRI [A.M.] :- This appeal is filed by the assessee against the order of the Learned Commissioner of Income-tax (Appeals), Mumbai/National Faceless Appeal Centre, Delhi [hereinafter referred to as “CIT(A)”] dated 20.09.2023 passed u/s. 250 of the Income-tax Act, 1961 [hereinafter referred to as “Act”] for Assessment Year [A.Y.] 2015-16.

A.Y. 2015-16 Ambekar Beverage and Food Private Ltd. 2. The assessee has raised the following grounds of appeal:

1. In the facts and the circumstances of the case and in law, the learned AO erred in passing the order u/s. 144 by overlooking the fact that the male director had passed away and the female director is not capable of attending the proceedings and due to her condition she was unable to appoint a legal counsel to attend the assessment proceedings on her behalf.

2. In the facts and the circumstances of the case and in law, the learned AO erred in adding Rs.83,37,352/- as unexplained cash credit u/s. 68 by overlooking the fact that the ledger account of the Appellant shows opening balance of loans at Rs.35,72,764/- and closing balance at Rs.73,94,202/- Without prejudice to the above:

3. In the facts and circumstances of the case and in law the additions should have been Rs.38,21,438/- (i.e, 7394202-3572764). This is a mistake apparent from record for which rectification u/s. 154 shall be filed by the Appellant.

4. In the facts and circumstances of the case and in law, the Assessing Officer also initiated penalty u/s. 271(1)(b) & (c) and charged interest u/s. 234A, B, C & D.

5. In the facts and circumstances of the case and in law, the learned Commissioner of Income Tax (A) erred in confirming the said additions. [B] Relief Prayed: The Appellant therefore prays follows,

1. To quash the order passed u/s 144.

2. To delete the addition of Rs. 83,37,352/- treated as unexplained cash credit u/s. 68.

3. To rectify the amount of addition to Rs. 38,21,438/- instead of Rs. 83,37,352/-.

4. To delete the interest charged u/s 234A, B, C and D & initiation of penalty u/s 271(1)(b), and 271(1)(c).”

3. At the outset, we note that the present appeal is delayed by 424 days. The assessee has filed an affidavit, along with supporting documentary evidence, to explain this delay. The reasons submitted are that the director of the assessee was unaware of the appellate order, and the previous consultant failed to inform the assessee to file the appeal before this Tribunal. It is further stated that a new consultant has now been appointed to represent the assessee .

A.Y. 2015-16 Ambekar Beverage and Food Private Ltd. On perusal of the facts stated in the assessee's affidavit, we find the explanation provided for the delay in filing the appeal to be reasonable. Hence, we hereby condone the delay of 424 days and admit the appeal for adjudication.