BALAJI GRAMIN SAHKARI PAT SANSTHA MARYADIT,MAHARASHTRA vs. INCOME TAX OFFICER, WARD 1(5), KOLHAPUR, KOLHAPUR

Assessee by : None Revenue by : M/s. Shilpa N.C., Additional-CIT Date of hearing : 21.01.2025 Date of : 10.02.2025 pronouncement आदेश/ORDER PER DR.MANISH BORAD, ACCOUNTANT MEMBER :

This appeal by the assessee pertaining to Assessment Year 2015-16 is directed against the order dated 13.08.2024 passed by National Faceless Appeal Centre, Delhi u/s.250 of the Income-tax Act, 1961 (herein after also called ‘the Act’) which in turn is arising out of the Assessment Order passed u/s.147 r.w.s.144 dated 24.03.2023.

1. On facts and circumstances of the case and in law, the Hon. C.I.T. (Appeals). NFAC, Delhi has erred in non-condoning the delay in filing the appeal before CIT(A) even though sufficient cause was demonstrated beyond doubt.

2. Whether CIT (A), NFAC is correct in dismissing the case limine without going into the merits

4. Whether AO is correct in treating the cash deposit of Rs 86,14,669 as unexplained money u/s 69 A r.w.s 115BBE when the assessee is a co op society and the source can be explained.

3. When the case was called for none appeared on behalf of the assessee, however written submission have been filed. I therefore proceed to adjudicate the appeal with the able assistance of ld. DR and available record. I note that ld. CIT(A) has dismissed the assessee’s appeal on account of 226 days delay in filing the appeal. Assessee gave reasons for delay of appeal but ld. CIT(A) was not satisfied and dismissed the assessee’s appeal on the ground of limitation.

5. I have heard ld. DR and perused the record placed before me. Ld. CIT(A) has dismissed the assessee’s appeal by not condoning the delay of 226 days. The assessee is a co-operative society and during the course of scrutiny A proceedings did not make proper compliance as a result ld. AO framed best judgement u/s 147 r.w.s. 144B of the Act dated 24.03.2023 making additions of Rs. 1,30,14,669/- Against the said addition assessee appealed to ld. CIT(A) but the same was delayed by 226 days. The delay was not condoned by CIT(A) and appeal of the assessee was dismissed.

Before me the assessee has filed an affidavit 6. stating the reason which prevented the assessee from filing the appeal before ld. CIT(A) within prescribed time limit and the main reason was that the notices were sent on the email Id of the co-operative auditors and the assessee society was under bonafide belief that the auditor would do the needful or inform the office bearers of the society but since there was no communication, the assessee society got informed about passing of order at a later date which has resulted in the said delay.

7. I find that the assessee society is not equipped with technical expertise of handling new faceless system of the proceedings. As a result delay occured in filing the appeal. Considering this as a reasonable clause, I condone the delay of 226 days in filing of appeal before the ld. CIT(A) and remit the issue on merits raised by the assessee to the file of ld. CIT(A) for necessary adjudication as per provisions of section 250(6) of the Act and to pass a speaking order. The Assessee is also directed to remain vigilant and should not seek adjournment unless otherwise required for reasonable clause. Order of the ld. CIT(A) is set aside and grounds of appeal

raised by the assessee are allowed for stastical purposes. 8. In the result, the appeal of assessee is allowed for statistical purposes. Order pronounced on this 10th day of February, 2025.