PRAKASH BABULAL BHANDARI,AHMEDABAD vs. THE ITO, WARD-3(3)(2), AHMEDABAD

The present appeal has been preferred by the assessee against the separate orders of the Learned Commissioner of Income Tax (Appeals), National Faceless Appeal Centre (NFAC), Delhi [hereinafter referred to as ‘CIT(A)’] dated 02/12/2025 & 10/10/2025 for Assessment Years (AYs) 2013- 14 & 2017-18 respectively.

The assessee, in these appeals, is aggrieved by the action of the Ld. CIT(A) in confirming the additions made by the Assessing Officer on account of unexplained cash deposits in the bank accounts of the assessee.

At the outset, Ld. Counsel for the assessee has brought our attention to the impugned orders of the Ld. CIT(A) to submit that, Ld. CIT(A) has dismissed both the appeals of the assessee being barred by limitation. The Ld. Counsel has submitted that there was a delay of 66 days (in AY 2013-14) and 49 days (in for AY 2017-18) respectively in filing the appeal(s) before the Ld. CIT(A). He has submitted that the assessee did not receive the copies of the assessment orders either physically or on e-mail and even there was confusion going on due to Covid-19 pandemic stating that the impugned orders were passed by the Assessing Officer on 28/03/2022 & 27/03/2022 for AYs 2013-14 & 2017- 18 respectively. He has submitted that the assessee has a fair case on merits. He requested that the assessee may be given an opportunity to present his cases before the Ld. CIT(A).

The Ld. DR, on the other hand, relied upon the orders of the Ld. CIT(A).

Considering the aforesaid submissions, in our view, the interests of justice will be well-served if the assessee be given an opportunity to present his cases before the Ld. CIT(A). The impugned orders of the Ld. CIT(A) are, accordingly, set aside. The delay in filing the appeals before the CIT(A) is hereby condoned. The cases are restored to the file of the Ld. CIT(A) with a direction to decide the appeals of the assessee on merits, after giving adequate opportunity of hearing to the assessee to present his cases with a direction to & 2546/Ahd/2025 Prakash Babulal Bhandari vs. ITO Asst. Year : 2013-14 decide the matter on merits, irrespective of the fact that there were any delay in filing the appeals of the assessee before him. Needless to say, that the Ld.CIT(A) will give proper and adequate opportunity to the assessee to present his cases.