Loading judgment…
Facts
The assessee deposited cash in his bank account, and no return was filed. Reassessment proceedings were initiated, and assessment was completed ex parte. The first appellate authority dismissed the appeal due to a significant delay.
Held
The Tribunal held that the first appellate authority did not provide the assessee an adequate opportunity to explain the delay. Therefore, the matter was remanded back.
Key Issues
Whether the first appellate authority erred in dismissing the appeal without providing the assessee sufficient opportunity to explain the delay in filing the appeal.
Sections Cited
250, 144, 147, 148, 156, 249(3)
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, AMRITSAR BENCH, AMRITSAR
Before: SH. MANOJ KUMAR AGGARWAL & SH. UDAYAN DASGUPTA
This appeal is filed by the assessee against the order of the ld. CIT (A) NFAC, Delhi dated 29.02.2024 passed u/s 250 of the Income Tax Act, 1961 (henceforth the Act) which has emanated from the order of the ITO, Ward 3(2), Ferozepur dated 25.12.2019 passed u/s 144 r.w.s. 147 of the Income Tax Act, 1961. explanation of the assessee the same is condoned and the appeal is admitted for hearing on merits.
There is no appearance by the assessee or his counsel on repeated calls either physically or virtually. An adjournment application is filed praying time for filing of paper book.
Considering the grounds of appeal and the materials on record we proceed to dispose off this appeal after hearing the Ld. DR.
Brief facts emerging from records are that the assessee has deposited cash amounting to Rs. 12.85 lakhs in his bank account with J & K Bank, during the FY 2011-12, and in absence of any return being filed, proceedings were initiated u/s 148 (after necessary approval from higher authorities) and in absence of any compliance or representation on the part of the assessee to various notices issued, assessment has been completed exparte on a total income of Rs. 12.85 lakhs.
The matter carried in appeal has been dismissed in limine by the Ld. first appellate authority refusing to admit the appeal for adjudication on merits on account of inordinate delay in filing the same by 740 days ( seven hundred forty days ) , which according to the assessee has arisen due to non-communication of the assessment order which the reassessment has been commenced.
The assessee has filed a short paper book consisting of some of notices being issued at the old address of the assessee at “Makhu Gate House”, Ferozpur City, along with evidence of copy of sale deed , to explain that the said residential house has been sold off in the year 2000, along copy of notice u/s 156 dated 25/12/2019 , directed at the same address to explain that the assessee has already left the said house and notices were never actually served, along with an affidavit explaining the reasons for the delay.
The Ld. DR, submitted that there is some degree of inconsistency in between the submissions of the assessee, where the sale deed of old house is in the year 2000, but notice u/s 148 followed by all other statutory notices has been issued in the year 2019 and the final demand notice u/s 156 is also in the year 2019 as such the dates are all prior to the sale date , and further relied on the observation of the Ld first appellate authority ( para 5.5 ) to argue that apart from postal service , notices and orders are also served in email id as per portal in terms of rule 127(2)(b) and that leaves no doubt about its actual service, and it is also not pointed out to which address the penalty notice has been received.
We have heard the Ld. DR and considered the materials on record. We are of the opinion that before rejection of the appeal under section 249(3) of the Act, the Ld. reasons for the delay with documents on record and the two-line condonation filed with form 35 does not bring out the factual aspect of the matter to establish “sufficient cause” for the delay.
As such in the interest of justice we remand the matter back to the Ld. first appellate authority to allow the assessee an opportunity to explain the long delay of 740 days , with all documentary evidences , to the full satisfaction of the appellate authority, and only after the same being satisfactorily explained, the appeal will be admitted to be heard and decided on merits on the grounds contained in the appeal memorandum.
We have not expressed any opinion on the merits of the case.
In the result, the appeal of the assessee is allowed for statistical purpose.