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Facts
The Revenue filed an appeal against an order by the Ld. CIT(A) for AY 2017-18. The grounds of appeal relate to the deletion of ad-hoc additions due to a discrepancy in bank deposits versus disclosed credits, and the deletion of short-term capital gains on property sale. The assessee did not appear for the hearing.
Held
The Tribunal noted that the cause title of the appeal was not filled correctly and Form No. 36 was not signed by the AO. Consequently, the appeal was dismissed on these procedural grounds, with liberty granted to the Revenue to file a fresh appeal.
Key Issues
Procedural defects in filing the appeal (incorrect cause title and unsigned Form No. 36) led to dismissal, rather than a decision on the merits of the tax additions.
Sections Cited
250, IT Act, 1961
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Income Tax Appellate Tribunal, MUMBAI “B” BENCH, MUMBAI
Before: SHRI OM PRAKASH KANT & SHRI RAJ KUMAR CHAUHAN
Date of Hearing – 28.05.2024 Date of Order – 20.08.2024
O R D E R PER RAJ KUMAR CHAUHAN, J.M. The present appeal has been filed by the Revenue against the order dated 29.12.2023 passed under section 250 of the Income Tax Act, 1961 (“the Act”) by Ld. CIT(A), National Faceless Appeal Centre (“NFAC”), Delhi pertaining to Assessment Year 2017-18. The Revenue has raised following grounds of appeal: - 1. "Whether on the facts and in the circumstances of the case the Ld. CIT(A) has erred in deleting the adhoc basis of addition and ignored the fact that the assessee had disclosed a credit of Rs. 4,09,84,975/- only in his books of account however he had total cash deposit of Rs. 5,49,61,000/- in his bank account during the year under consideration and has failed to offer any explanation regarding the huge difference in books of account and cash deposit."
2. Whether on the facts and in the circumstances of the case the Ld. CIT(A) has erred in deleting the addition on account of short term capital gain on sale of immovable property where the AO has the information in Income tax statement details (ITS details) that the assessee had sold property and the assessee failed to discharge his onus to explain the transaction.
3. The appellant craves leave to amend or to alter any ground or add a new ground, which may be necessary."
At the time of hearing, no one attended the proceedings on behalf of the assessee. Therefore, the appeal of the Revenue is taken up for hearing in the absence of the assessee and on the basis of material available on record.
We have heard the Ld. Sr. DR for the Revenue and perused the material available on record. At the very outset, the Registry pointed out that cause title of the appeal is not filled correctly and Form No. 36 filed before ITAT is not signed by the AO. Since the cause title is not filed correctly and Form No. 36 is not signed by the AO, therefore the appeal is accordingly dismissed with a liberty to file fresh as per law.
In the result, appeal filed by the Revenue is dismissed in the above terms. Order pronounced in the open Court on 20.08.2024.