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Facts
The assessee deposited ₹1.84 crore in a bank account during FY 2014-15 but did not file an income return. The Assessing Officer initiated reassessment under Section 147, adding the cash as unexplained income, which led to an assessment of ₹1.87 crore. The CIT(A) subsequently dismissed the assessee's appeal for non-prosecution, which the assessee attributed to serious illness.
Held
The Tribunal condoned the minor delay in filing the appeal, accepting the assessee's illness as a reasonable cause. It set aside the ex-parte order of the CIT(A) and remitted the case back for fresh adjudication. The CIT(A) was directed to provide the assessee with an opportunity of being heard and to consider any further evidence under Rule 46A of the Income Tax Rules, 1962.
Key Issues
Whether the delay in filing the appeal should be condoned due to the assessee's illness, and whether the CIT(A)'s ex-parte dismissal for non-prosecution should be set aside to allow the assessee a fresh opportunity to present its case regarding the unexplained cash deposits.
Sections Cited
147, 144B, 250, 142(1), 148, 143(1)(a)
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Income Tax Appellate Tribunal, KOLKATA ‘B’ BENCH, KOLKATA
Before: SHRI GEORGE MATHAN & SHRI RAKESH MISHRA
order
: 18-July-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 2015-16 dated 28.08.2024, which has been passed against the assessment order u/s 147 r.w.s. 144B of the Act, dated 03.05.2023.