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Facts
The assessee filed an appeal after a delay, seeking condonation based on a lack of awareness regarding the disposal of a prior appeal and subsequent penalty. The assessee primarily earns agricultural income and interest from fixed deposits.
Held
The Tribunal condoned the delay, finding sufficient cause, and admitted the appeal. The appeal was remanded back to the Assessing Officer for fresh adjudication on additions made concerning demonetization period cash deposits, as the assessee's explanations and evidence regarding agricultural income and prior withdrawals were not fully considered.
Key Issues
Condonation of delay in filing appeal; Re-examination of additions made by AO concerning cash deposits during demonetization.
Sections Cited
143(3), 253(5)
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Income Tax Appellate Tribunal, INDORE BENCH, INDORE
Before: SHRI B.M. BIYANI & SHRI PARESH M. JOSHI
आदेश/ O R D E R
Per B.M. Biyani, A.M.:
Feeling aggrieved by order of first-appeal dated 01.10.2024 passed by learned Commissioner of Income-Tax (Appeals)-Addl/JCIT(A)-2, Noida [“CIT(A)”] which in turn arises out of assessment-order dated 07.11.2019 passed by learned ITO-3(2), Indore [“AO”] u/s 143(3) of Income-tax Act, 1961 [“the Act”] for Assessment-Year [“AY”] 2017-18, the assessee has filed this appeal on the grounds mentioned in Appeal Memo (Form No. 36).
The registry has informed that the present appeal is filed after a delay and therefore time-barred. The assessee has filed an application/affidavit for condonation of delay; the same is scanned and re-produced for an immediate reference:
The averments made by assessee in above affidavit, which are self- explanatory and which do not require repetition, were discussed and the Ld. DR for revenue does not have any objection if the bench condones delay and accordingly left it to the wisdom of bench. We have considered the explanation advanced by assessee and in absence of any contrary fact or material on record, the assessee is found to have a “sufficient cause” for delay in filing present appeal. We find that section 253(5) of the Act empowers the ITAT to admit an appeal after expiry of prescribed time, if there is a “sufficient cause” for not presenting appeal within prescribed time.
It is also a settled position by Hon’ble Supreme Court in Collector, Land Acquisition Vs Mst. Katiji and others 1987 AIR 1353, 1987 2 SCC 387 that whenever substantial justice and technical considerations are opposed to each other, the cause of substantial justice must be preferred by adopting a justice-oriented approach. Thus, taking into account the facts of case, the provision of section 253(5) and the decision of Hon’ble Supreme Court, we take a judicious view, condone delay, admit appeal and proceed with hearing.
Ld. AR for assessee at first submitted that the impugned order of CIT(A) is a type of ex-parte order wherein the addition made by AO has been upheld for lack of documentary evidences. Ld. AR thereafter carried us to the assessment-order wherein the AO has mentioned about scrutiny of cash deposit of Rs. 12,00,000/- & Rs. 50,000/- made by assessee on 22.11.2016 & 25.11.2016 (during demonetization period), aggregating to Rs.
Page 3 of 6 AY 2017-18 12,50,000/-, made in assessee’s bank a/c. Ld. AR narrated that the assessee explained three sources of impugned deposits to the AO, namely (i) the agricultural income earned by assessee, (ii) the cash received by assessee on death of father on 20.09.2016, and (iii) the re-deposit of previous cash withdrawals made by assessee from his bank a/cs. However, the AO has given estimated credit of Rs. 2,50,000/- only from first source i.e. the agricultural income and made addition of Rs. 10,00,000/-. The AO has not given any credit of the second source for lack of documentary evidence but the assessee is ready to file the require evidence/explanation to the AO.
Further, in so far as the third source is concerned, the AO has made a table of cash withdrawals on Page No. 2 of assessment-order but the said table itself is incomplete and gives a few entries of cash withdrawals made by assessee from bank a/cs whereas the assessee made substantial withdrawals from different bank a/cs. Apart from that, the AO has made an omnibus conclusion that the withdrawals made in the financial year 2015- 16 cannot be treated as source of the deposits made in demonetization period but this conclusion is not correct in the facts of assessee and the same is also contrary to the judicial decisions where it has been vehemently accepted that the previous withdrawals re-deposited by assessee in bank a/c have to be accepted. Ld. AR submitted that the assessee will once again make an effective representation before AO to satisfy the AO. Therefore, in this situation, the present matter must be remanded back to the file of AO for a fresh consideration.
Ld. DR for revenue agreed to the submission of Ld. AR but made a request to direct the assessee to represent his case before AO and do not seek unnecessary adjournments.
In view of above, having regard to the principle of natural justice and also bearing in mind that no prejudice would be caused to revenue if the present matter is restored at the level of AO, we remand this matter back to the file of AO for adjudication afresh. The AO shall give necessary opportunity of hearing to assessee and pass an appropriate order uninfluenced by his earlier order. The assessee is also directed to remain vigilant and ensure participation in the hearings as may be fixed by AO and do not seek unnecessary adjournments failing which the AO shall be at liberty to pass appropriate order in accordance with law. Ordered accordingly.
Resultantly, this appeal is allowed for statistical purpose.
Order pronounced in open court on 19/02/2026