SHRI. MOHAMMAD YOUSF SOFI,PULWAMA vs. INCOME TAX OFFICER WARD-1, SRINAGAR

Aforesaid appeal by assessee for Assessment Year (AY) 2017-18 arises out of an order of learned Commissioner of Income Tax (Appeals), NFAC [CIT(A)] dated 02-04-2025 in the matter of an assessment framed by Ld. Assessing Officer [AO] u/s 147 r.w.s. 144 r.w.s.144B of the Act on 21-03-2022. The only prayer of Ld. AR is adjudication of appeal on merits since the appeal has not been admitted by Ld. CIT(A) for want of condonation of delay of 297 days. The Ld. AR stated that the assessee is in a position to substantiate its case. The Ld. Sr. DR pleaded for dismissal of the appeal.

In the assessment order, Ld. AO made addition of unexplained cash transactions for Rs.38.87 Lacs for want of any response from the assessee. The Ld. CIT(A) did not admit the appeal for want of condonation of delay of 297 days. Aggrieved, the assessee is in further appeal before Tribunal.

Keeping in mind the principles of natural justice, I deem it fit to grant another opportunity of hearing to the assessee. Accordingly, the appeal is restored back to Ld. CIT(A) for de novo adjudication on merits with a direction to the assessee to plead and prove its case forthwith. The issue of delay would not be raised by Ld. CIT(A).

The appeal stands allowed for statistical purposes. Order pronounced on 15th December, 2025.