RASHMITA SINGH,GWALIOR vs. ITO, GWALIOR
Facts
The Assessing Officer received AIR information about the assessee depositing Rs. 12,81,701/- in her bank account during FY 2008-09. A notice under section 148 was issued, but no response was filed by the assessee. The Assessing Officer completed the assessment under section 144 r.w.s. 147, adding the deposited amount and disallowing a loss claim.
Held
The Tribunal condoned the delay of 92 days in filing the appeal due to sufficient cause shown by the assessee. The Tribunal noted that the ground regarding the bank account being a joint account was not raised before the lower authorities and required factual verification.
Key Issues
Whether the appeal filed by the assessee after a significant delay can be admitted for hearing. Whether the addition made by the Assessing Officer is justified without proper verification of the source of funds.
Sections Cited
147, 144, 148
AI-generated summary — verify with the full judgment below
IN THE INCOME TAX APPELLATE TRIBUNAL AGRA BENCH ‘SMC’ AGRA (Through Physical/Virtual Hearing) BEFORE SHRI SUNIL KUMAR SINGH, JUDICIAL MEMBER AND SHRI BRAJESH KUMAR SINGH, ACCOUNTANT MEMBER
ITA No.293/Agr/2025 [Assessment Year: 2009-10] Rashmita Singh, Income Tax Officer, D-47, Phase-3, Garden Homes, Ward-2(3), Alkapuri, Gwalior, Vs Gwalior, Madhya Pradesh-474001 Madhya Pradesh-474001 PAN-AGFPS9495J Appellant Respondent
Appellant by None (An Adjournment Application) Respondent by Shri Anil Kumar Sr. DR
Date of Hearing 17.07.2025 Date of Pronouncement 06.08.2025 ORDER, PER BRAJESH KUMAR SINGH, AM,
This appeal filed by the assessee is directed against an order dated
27.12.2024 of the National Faceless Appeal Centre, Delhi/Ld. CIT(A), relating
to Assessment Year 2009-10 arising out of order u/s 147 r.w.s. 144 of the
Income Tax Act, 1961 (hereinafter referred to ‘the Act’) dated 30.11.2017.
None appeared on behalf of the assessee. However, the assessee had
filed an adjournment petition, which was rejected and the appeal is being
2 ITA No.293/Agr/2025 decided after hearing the ld. Sr. DR and on the basis of material available on
record.
There is a delay of 92 days in filing the appeal before us. In this regard,
the assessee has filed a condonation application for condoning the delay, which
is reproduced as below:-
3 ITA No.293/Agr/2025 3. We have carefully considered the facts stated in the said application. Upon consideration, we are of the considered view that the assessee was prevented by sufficient cause in filing the said appeal. We, therefore, condone the delay of 92 days and admit this appeal for hearing.
Brief facts of the case:- The Assessing Officer had AIR information that
the assessee had deposited a sum of Rs.12,81,701/- in her saving bank account during the Financial Year 2008-09 relating to Assessment Year 2009-10 maintained with ICICI Bank Gwalior in account No.xxxxxxxx4641. The Assessing Officer issued a notice u/s 148 of the Act dated 31.03.2016 but
according to the Assessing Officer, the assessee did not file any response. According to the Assessing Officer, the assessee did not submit any explanation regarding the source of the cash deposited during the assessment proceedings and accordingly the Assessing Officer completed the assessment u/s 144 r.w.s. 147 of the Act and made an addition of Rs.12,81,701/-. The Assessing Officer further disallowed a claim of loss of Rs.98,283/- as according to the Assessing
Officer, no details/documents were furnished by the assessee to substantiate the loss claimed.
Aggrieved with the said order, the assessee preferred an appeal before the
Ld. CIT(A). The Ld. CIT(A) dismissed the appeal of the assessee ex-parte as according to him, the case was fixed for hearing on four occasions when there was no response from the assessee. The ld. CIT(A) also observed on merit that
4 ITA No.293/Agr/2025 in absence of any evidence to rebut the assessment order, there was no reason to
interfere with the addition made by the Assessing Officer.
Aggrieved by the order of the ld. CIT(A), the assessee is in appeal before
us.
The Ld. Sr. DR supported the orders of the authorities below.
We have heard the ld. DR and supported the orders of the authorities
below. In the ground no.4 of the appeal, it is submitted by the assessee that
cash deposits of Rs.12,81,701/- in the bank account of the assessee is a joint
account in the ICICI Bank with her husband who deals in the business of paints.
It appears that this ground was not taken by the assessee either before the
Assessing Officer or before the Ld. CIT(A). The above contention of the
assessee requires factual verification. Therefore, in the given facts of the case,
the order of the Assessing Officer as well as the Ld. CIT(A) are set-aside and
the matter is restored to the file of the Assessing Officer for fresh adjudication
on this issue after giving reasonable opportunity of being heard to the assessee
and as per law.
In the result, the appeal of the assessee is allowed for statistical purposes.
Order pronounced in the open court on 06th August, 2025.
Sd/- Sd/- [SUNIL KUMAR SINGH] [BRAJESH KUMAR SINGH] JUDICIAL MEMBER ACCOUNTANT MEMBER Dated 06.08.2025. f{x~{tÜ f{x~{tÜ f{x~{tÜ f{x~{tÜ Copy forwarded to:
5 ITA No.293/Agr/2025 1. Appellant 2. Respondent 3. PCIT 4. CIT(A) 5. DR Asst. Registrar, ITAT, Agra
