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Facts
The assessee, a Primary Agricultural Credit Society (PACS), failed to file its return of income for AY 2016-17. The AO received information about huge transactions and, after issuing notice u/s 148, added an amount of Rs. 1,27,63,200/- u/s 69A as unexplained cash and Rs. 20,10,454/- on account of disallowance of deduction u/s 80P(2)(d).
Held
The Tribunal condoned the delay in filing the appeal. It found that the assessee was not provided a proper opportunity of being heard by the CIT(A) and thus set aside the order of the CIT(A). The appeal was restored to the CIT(A) for disposal on merits, with a direction to provide a reasonable opportunity of hearing to the assessee.
Key Issues
Whether the assessee was denied a proper opportunity of hearing by the CIT(A), and whether the CIT(A)'s order should be set aside on this ground.
Sections Cited
250, 147, 144, 148, 69A, 80P(2)(d), 250(6), 46A
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, KOLKATA ‘D’ BENCH, KOLKATA
Before: SHRI GEORGE MATHAN & SHRI RAKESH MISHRA
order
: 29-October-2025 ORDER
PER RAKESH MISHRA, ACCOUNTANT MEMBER:
This appeal filed by the assessee is against the order of the Commissioner of Income Tax (Appeals)-NFAC, Delhi [hereinafter referred to as Ld. 'CIT(A)'] passed u/s 250 of the Income Tax Act, 1961 (hereinafter referred to as ‘the Act’) for AY 2016-17 dated 12.09.2024, which has been passed against the assessment order u/s 147 r.w.s. 144 of the Act, dated 31.03.2022. 1.1. The Registry has informed that the appeal is barred by limitation by 125 days. At the time of hearing, the Ld. Counsel for the assessee submitted the reasons for the delay in filing the appeal. After perusing the same, we find force in the reasons mentioned therein and are satisfied that the assessee had a reasonable and sufficient cause and was prevented from filing the instant appeal within the statutory time limit. We, therefore, condone the delay and admit the appeal for adjudication.
Brief facts of the case are that the assessee is a Primary Agricultural Credit Society (PACS) but did not file its return of income for the relevant assessment year. The Assessing Officer (hereinafter referred to as Ld. 'AO') had information that huge transactions aggregating to ₹ 1,27,63,200/- were made during the relevant financial year. In response to the notice issued u/s 148 of the Act, the assessee filed the return of income as a Cooperative Society showing NIL income. Statutory notices were issued and after considering the response of the assessee, the Ld. AO added an amount of ₹1,27,63,200/- u/s 69A of the Act as unexplained cash and another sum of ₹20,10,454/- on account of disallowance of deduction u/s 80P(2)(d) of the Act claimed by the assessee and assessed the total income of the assessee at