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Facts
The assessee appealed an order for AY 2012-13, which sustained an addition of Rs.38.15 Lacs made by the AO under section 143(3) r.w.s. 147 for unexplained cash deposits. A significant delay of 261 days in filing the appeal was noted, which the assessee sought to condone, citing non-receipt of notices.
Held
The Tribunal condoned the delay and, applying principles of natural justice, admitted the appeal. It restored the matter to the Ld. CIT(A) for a de novo adjudication on merits, directing the assessee to present its case and evidence there.
Key Issues
Condonation of delay in filing appeal and providing the assessee an opportunity for de novo adjudication on merits before the CIT(A) regarding the addition of cash deposits.
Sections Cited
143(3), 147
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Income Tax Appellate Tribunal, ‘DB’, AMRITSAR BENCH, AMRITSAR
Before: HON’BLE SHRI MANOJ KUMAR AGGARWAL, AM & HON’BLE SHRI UDAYAN DAS GUPTA, JM
आदेश / O R D E R Manoj Kumar Aggarwal (Accountant Member) Aforesaid appeal by assessee for Assessment Year (AY) 1. 2012-13 arises out of an order of Ld. Commissioner of Income Tax (Appeals), NFAC [CIT(A)] dated 20-07-2023 in the matter of an assessment framed by Ld. AO u/s 143(3) r.w.s. 147 of the Act on 04-11-2019. The registry has noted delay of 261 days in the appeal, the condonation of which has been sought by the assessee on the strength of condonation petition wherein it has been stated that the assessee did not receive notices and correspondences on time. None appeared for assessee during hearing. The Ld. Sr. DR pleaded for dismissal of the appeal.
Upon perusal of assessment order, it could be seen that Ld. AO made addition of cash deposit of Rs.38.15 Lacs for want of sufficient documentary evidences from the assessee, The assessee failed to make any effective representation during first appeal and accordingly, the assessment was confirmed against which the assessee is in further appeal before us. The assessee, in the paper-book, has placed various documents and the affidavits of lenders to substantiate deposits in the bank.
Keeping in mind the principles of natural justice, we admit the appeal and restore the appeal back to the file of Ld. CIT(A) for de novo adjudication on merits with a direction to the assessee to plead and prove its case forthwith.
The appeal stand allowed for statistical purposes. Order pronounced u/r 34(4) of Income Tax (Appellate Tribunal) Rules, 1963.