SHRI MOHAMMAD AMIN BHAT,ANANTNAG vs. INCOME TAX OFFICER WARD-1, SRINAGAR

Condonation of delay: It is pointed out by the registry that the appeal is filed belatedly by 71 days. The assessee has filed an application for condonation of delay stating that there has not been any service of order passed u/s 250 of the Act on the assessee and he has given screenshots of the portal and also explained from the copies of order passed u/s 250 to submit that the address of the assessee has been incorrectly quoted as Hyderpora near J. & K. Bank, Srinagar when the correct address has been quoted in Form No. 35 as Peer Bagh, Hyderpora, J & K. He also pointed out from the screenshots that the order has not been issued in the e-mail id caiqbal12@gmail.com which has resulted in non-receipt of the appellate order in time and the delay in receipt of the order has resulted in late filing of the appeal before the Hon’ble Tribunal. and has prayed for admission of the appeal to be heard on merits.

The ld. D. R. has no objection. Considering the technical issues pointed out and the incorrect address mentioned in the appellate order, we condone the delay being not intentional or willful on the part of the assessee and admit the appeal to be heard on merits.

The assessee has taken five grounds of appeal and main objection of the assessee is that the order has been passed by the ld. first appellate authority without allowing proper opportunity of hearing and without adjudicating the grounds of appeal contained in Form No. 35 on merits of the case.

The ld. DR relied on the order of the ld. CIT(A) and submitted that the notice has been issued on four different dates of haring as evident from the appellate order para 6 but he could not confirm as to how and through which e-mail id, the said notices has been served on the assessee. However, he has no objection if the matter is remanded back to the files of the ld. CIT(A) for fresh adjudication on merits. we find that it is a case of cash deposit of SBN during demonetization period where cash amounting to Rs.34.33 lakhs has been deposited by the assessee in his Bank A/c No. xxxxx00001 which needs to be explained and the source of such deposits are to be proved by production of books of account including cash book. As such, in the interest of justice, we remand the matter back to the files of the ld. first appellate authority for adjudication of this appeal afresh on merits as per grounds contained in Form No. 35 with a direction to the assessee for production of necessary books of account along with the supporting documentary evidences to prove the source of cash deposits (SBN) in bank during the demonetization period and to fully co-operate in the first appellate proceedings.

The assessee will be allowed reasonable opportunity of being heard and notices to be issued as per provisions of section 282 of the Act and also to his counsel’s mail id caiqbal12@gmail.com.

We have not expressed any opinion on merits of the case and all issues are left open.

In the result, the appeal filed by the assessee is allowed for statistical purpose.

The issues are identical in this appeal where the ld. CIT(A) has disposed of this appeal and as such sustained the addition without proper opportunity of hearing to the assessee, in absence of any response or submissions made by the assessee in course of appellate proceedings. However, in this case it seems that the assessee has sought for an adjournment before the ld. first appellate authority on 05.03.2024 and there has not been any compliance thereafter. This is also an identical case where cash (SBN) has been deposited by the assessee in his bank accounts maintained with J & K Bank A/c No. xxxxxx00001 and xxxxxx000010614, source of which needs to be satisfactorily explained. applied mutatis mutandis to this appeal also and in the interest of the justice, we remand this matter back to the files of the ld. first appellate authority with similar directions and we also direct the assessee to fully co-operate in the appellate proceedings by furnishing all documentary evidences including books of accounts in support of his contention.

The assessee to be allowed reasonable opportunity of being heard. purposes.