VIKASH AGRAWAL,GWALIOR vs. ITO 1(1), GWALIOR

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ITA 330/AGR/2024Status: DisposedITAT Agra03 February 2025AY 2012-13Bench: SHRI M. BALAGANESH (Accountant Member)2 pages
AI SummaryRemanded

What did the Tribunal hold?

The Tribunal condoned the delay in the interest of substantial justice. It restored the appeal to the NFAC for de novo adjudication, emphasizing the need for a fair hearing and independent findings.

What were the facts?

The assessee's appeal was filed with a significant delay of 645 days. The National Faceless Appeal Centre (NFAC) had previously decided the issue ex parte without a merits-based adjudication.

What were the issues?

Whether the NFAC was justified in sustaining an addition of Rs 53,43,340/- on account of cash deposits without a proper adjudication on merits.

Which sections of the Income-tax Act were involved?

Section 144,Section 147

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, AGRA BENCH “DB”: AGRA

For Respondent: Shri Shailendra Srivastava, Sr. DR
Hearing: 03/02/2025Pronounced: 03/02/2025

O R D E R PER M. BALAGANESH, A. M.: 1. The appeal in AY 2012-13, arises out of the order of the National Faceless Appeal Centre (NFAC), Delhi [hereinafter referred to as ‘ld. NFAC’, in short] dated 28.09.2022 against the order of assessment passed u/s 144 r.w.s. 147 of the Income-tax Act, 1961 (hereinafter referred to as ‘the Act’) dated 12.11.2019 by the Assessing Officer, ITO,-1(1), Gwalior (hereinafter referred to as ‘ld. AO’).

2.

At the outset, there is a delay in filing of appeal before us by 645 days. Considering the reason adduced in the condonation petition, in the interest of substantial justice, we are inclined to condone the delay and admit the appeal for adjudication.

3.

The only effective issue to be decided in this appeal is as to whether the ld NFAC was justified in sustaining the addition made in the sum of Rs 53,43,340/- on account of cash deposits in the facts and circumstances of the instant case.

4.

We have heard the rival submissions and perused the materials available on record. On perusal of the order of the ld NFAC, we find that the ld NFAC had decided the issue ex parte without adjudicating the issue on merits giving its independent finding. Hence, in the interest of justice and fairplay, we deem it fit and appropriate to restore this appeal to file of ld NFAC for de novo adjudication in accordance with law. Needless to mention the assessee be given reasonable opportunity of being heard. The assessee is directed to cooperate with ld NFAC for expeditious disposal of the appeal by not taking unwarranted adjournments. Hence, the grounds raised by the assessee are allowed for statistical purposes.

5.

In the result, the appeal of the assessee is allowed for statistical purposes.

Order pronounced in the open court on 03/02/2025.

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