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Facts
The assessee filed an appeal against the CIT(A)'s order for AY 2014-2015. The appeal was filed with a delay of 83 days, attributed to the assessee suffering from severe back pain. The initial return of income disclosed an income of Rs. 3,16,000. The AO issued notice under Section 147 and added Rs. 48,26,120 and Rs. 74,809 as unreported income.
Held
The Tribunal condoned the delay of 83 days in filing the appeal. The Tribunal noted that the CIT(A) dismissed the appeal ex-parte without looking into the merits of the case. The Tribunal found that while opportunities were given, the assessee failed to comply with notices, and to ensure justice and fair play, the issue needs to be remanded back to the AO for fresh examination.
Key Issues
Whether the CIT(A) order was legally sustainable when passed ex-parte without affording adequate opportunity to the assessee, and whether the additions made by the AO were justified.
Sections Cited
143(1), 147, 143(3), r.w.s.147
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, CUTTACK BENCH CUTTACK
Before: SHRI SONJOY SARMA, JM & SHRI SANJAY AWASTHI, AM
(नििाारण वर्ा / Assessment Year : 2014-2015) Sri Girish Chandra Sethi, Vs ITO, Ward-2, Baripada At-Belbaria, PO: Jharpokhari, Dist: Mayurbhanj-757086 PAN No. : CAAPS 2504 K (अपीलार्थी /Appellant) (प्रत्यर्थी / Respondent) .. नििााररती की ओर से /Assessee by : Shri Somanath Sahoo, AR राजस्व की ओर से /Revenue by : Shri Vijay Singh, Sr. DR सुनवाई की तारीख / Date of Hearing : 28/08/2025 घोषणा की तारीख/Date of Pronouncement : 02/09/2025 आदेश / O R D E R
Per Sonjoy Sarma, JM:
This is an appeal filed by the assessee against the order, dated 05.12.2024 passed by the ld. CIT(A), National Faceless Appeal Centre (NFAC), Delhi for the assessment year 2014-2015.
The appeal of the assessee is barred by 83 days. In this regard, the assessee has filed an application for condonation of delay supported with an affidavit stating therein that the assessee was suffering from severe back pain for which he was unable to walk properly and the doctor had advised him to take rest for four months resulting into not filing the present appeal within the prescribed time. Accordingly, the assessee prayed that the delay of 83 days may kindly be condoned and appeal of the assessee may kindly be admitted for hearing. Ld. Sr. DR did not raise any objection to this contention of the assessee for condonation of delay. Accordingly, we are of 83 days in filing the present appeal and the appeal is admitted for hearing.
Brief facts of the case are that the assessee filed return of income for the year under consideration on 30.11.2014 in ITR-4 disclosing total income of Rs.3,16,000/-. In the return of income assessee has stated nature of business wholesalers with code 0203 dealing with trading business of poultry feed and chick. The return of income was processed u/s. 143(1) of the Act resulting Nil demand/refund. On verification report along with final show cause notice statement of bank accounts have been received from the ITO (I&CI), Balasore. In the verification report it is reported that in course of verification of high value cash deposits of Rs.42,55,000/- in savings bank account. Accordingly, notice u/s.147 of the Act was issued. Ultimately, the AO found that Rs.48,26,120/- and Rs.74,809/- were unreported income and added the same to the total income of the assessee by framing the assessment order u/s.143(3) r.w.s.147 of the Act.
Aggrieved by the above order, the assessee preferred appeal before the ld. CIT(A), wherein the appeal of the assessee was dismissed by sustaining the order of the AO. The ld. CIT(A) dismissed the appeal of the assessee due to the fact that assessee did not turned up properly during the course of appellate proceedings.
Aggrieved by the order of the ld. CIT(A), the assessee is in further appeal before the Tribunal raising the following grounds :- 1) That the exparte order passed by the learned CIT(Appeals), NFAC vide Appeal No. CIT(A), Cuttack/10846/2019-20 dated 05.12.2024 without affording adequate opportunity of hearing to the assessee is illegal, arbitrary, uncalled for and in violation of principle of natural justice. 2) That the order passed by learned CIT(Appeals), NFAC vide Appeal No. CIT(A), Cuttack/10846/2019-20 dated 05.12.2024 confirming the addition of Rs.48,26,120/- as undisclosed income and dismissed the appeal of the assessee is illegal, arbitrary, uncalled for and not in accordance with law. 3) That the addition of Rs.48,26, 120/- made by the AO and confirmed by the CIT(A), NFAC is unjustified on the ground of difference of total amount credited in the bank accounts of the assessee and amount shown in the profit and loss account. 4) That the amounts credited in the bank accounts of the assessee were transferred from the cash withdrawn part of savings bank account bearing No.-102810100006054 of Orissa Gramya Bank, Rajaloka Branch due to non-availability of RTGS/NEFT facility in the Orissa Gramya Bank for using material purchase in the greater interest of the business. 5) That other ground or grounds of appeal
if any will be urged at the time of hearing of appeal.
6. A perusal of the above grounds raised by the assessee, it is found that the primary ground raised in the appeal is with regard to the order passed by the ld.CIT(A) in sustaining the order of the ld. AO is bade in law since the appeal of the assessee was decided ex-parte without looking into the merits of the case.
7. Ld. AR before us submitted that one more opportunity may be given to the assessee by setting aside the order of the ld. CIT(A) with a direction to examine the issue afresh after providing reasonable opportunity of being heard to the assessee.
8. On the other hand, ld.Sr. DR supported the decisions of both the authorities below.
9. We after hearing the rival submissions of both the parties and perusing the material available on record, find that in the present case