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Income Tax Appellate Tribunal, A BENCH KOLKATA
Before: SHRI GEORGE MATHAN & SHRI RAKESH MISHRA
Present for: Appellant by : N o n e Respondent by : Shri Arun Kumar Meena, Addl. CIT, Sr. DR Date of Hearing : 06.03.2025 Date of Pronouncement : 06.03.2025 O R D E R Per Bench : This is an appeal filed by the assessee against the order of the Ld. Commissioner of Income Tax (Appeals), National Faceless Appeal Centre (NFAC), Delhi [hereinafter referred to as “the Ld. CIT(A)”] vide order no. ITBA/NFAC/S/250/2022-23/1049822468(1) dated 16.02.2023 passed u/s. 250 of the Income Tax Act, 1961 (hereinafter referred to as “the Act”) for AY 2012-13.
None appeared on behalf of the assessee and Shri Arun Kumar Meena, Addl. CIT, Sr. DR appeared on behalf of the revenue.
3. Appeal of the assessee is time barred by 183 days. A separate condonation petition along with an affidavit has been placed on file. After A&M Home Solutions Pvt. Ltd., AY: 2012-13 considering the averments made in the condonation petition and the reasons stated by the Ld. AR for the delay in filing the appeal is convincing and hence, we condone the delay and admit the appeal for hearing.
3. The assessee is a private limited company and filed its return of income for the AY 2012-13 on 24.09.2012 declaring its total income of Rs.3,41,475/-. The Assessing Officer made the addition of Rs.83,52,140/- as unsecured loans and added back to the total income of the assessee u/s. 68 of the Act. On Appeal, Ld. CIT(A) sustained the addition as made by the Assessing Officer. Aggrieved assessee is now in appeal before us on the following grounds:
“1. That the order of the National Faceless Appeal Centre (NFAC) is contrary to law and the facts of the appellant’s case in so far as it relates to addition on account of unexplained cash credit.
2. That on the facts and in the circumstances of the case the National Faceless Appeal Centre (NFAC) has erred in confirming the order of the Assessing Officer regarding the addition of Rs.83,52,140/- made by the learned Assessing Officer on account of unsecured loan received by the appellant as unexplained cash credit and the same should be deleted.
That on the facts and circumstances of the case the NFAC has totally ignored the fact that out of the unsecured loan of Rs.83,52,140/-, the loan amount of Rs.67,00,000/- having been taken in the preceding previous year cannot be added back under section 68 to subsequent year income by claiming them as unexplained.
That the appellant craves leave to add, alter or modify the ground of appeal
any time before or at the time of hearing of the appeal.”
4. We find from the appeal record that this appeal of the assessee has been fixed several times earlier but on the request of the assessee the case was adjourned. Today, at the time of hearing also none appeared on behalf of the assessee. Since the assessee despite providing sufficient opportunities of hearing before the Tribunal did not present itself in the appellate proceedings, keeping this in mind and also treating this attitude against the principles of natural justice, however, we are of the view that assessee should be granted one more opportunity. This being so, the issue A&M Home Solutions Pvt. Ltd., AY: 2012-13 in this appeal is restored to the file of the Assessing Officer subject to the assessee paying a cost of Rs.10,000/- to the Income Tax Authorities under challan 500 within sixty days from the date of this order and the receipt of the same would be produced before the Assessing Officer. Should the assessee not pay the abovementioned cost of Rs. 10,000/- within the prescribed period of sixty days from the date of this order, the order of the Ld. CIT(A) shall stand confirmed.
In the result, the appeal of the assessee is allowed for statistical purpose subject to above directions.