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Facts
The assessee filed an appeal before the ITAT which was barred by limitation by 68 days. The assessee's counsel requested condonation of delay, which was not objected to by the Revenue. The appeal pertains to the AY 2012-13 and involves the addition of ₹55,57,500/- as unexplained investment in immovable property under section 69A.
Held
The Tribunal condoned the delay in filing the appeal as the reasons provided were bonafide and genuine. The Tribunal also admitted additional evidence (a lease deed dated 24.01.2011) filed by the assessee, deeming it to have a significant bearing on the issue. The matter was restored to the Assessing Officer (AO) for a fresh decision considering this additional evidence.
Key Issues
Whether the additional evidence filed by the assessee is admissible and needs to be examined by the AO for a denovo decision.
Sections Cited
69A
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, “PATNA” BENCH, PATNA
This is an appeal preferred by the assessee against the order of the National Faceless Appeal Centre, Delhi (hereinafter referred to as the “Ld. CIT(A)”] dated 30.12.2024 for the AY 2012-13.
At the outset, we note that the appeal of the assessee is barred by limitation by 68 days. At the time of hearing the counsel of the assessee explained the reason for delay in filing the appeal. The Ld. D.R did not raise any objection in condoning the delay. After hearing the rival contentions and perusing the materials available on record, we find that the delay is for bonafide and genuine reasons and hence, we condone the delay and admit the appeal for adjudication.
After hearing the rival contentions and perusing the materials available on record, we are of the view that the additional evidences filed by the assessee has a very significant bearing for the adjudication of the issue and accordingly same are admitted. Therefore, the same need to be examined at the level of the ld. AO. Accordingly, we restore this appeal to the file of the ld. AO with a direction to decide the issue denovo after taking into account the additional evidences filed by the assessee and affording reasonable opportunity of being heard to the assessee.
In the result, the appeal of the assessee is allowed for statistical purposes.
Order pronounced on 06.03.2026.