RAVI POULTRY FARM,NAMAKKAL vs. ITO, WARD-2, NAMAKKAL

This appeal filed by the assessee is directed against the order passed by the learned Commissioner of Income Tax (Appeals), National Faceless Appeal Centre (NFAC), Delhi, dated 05.07.2024 and pertains to assessment year 2017-18.

Per contra, the ld.DR relied on the orders of lower authorities and prayed for dismissing the appeal of the assessee.

We have heard the rival contentions and gone through the materials available on record and orders of the authorities below. We note that the assessment order passed by the AO by bringing SBN Deposits of Rs.13,66,500/- on 16.11.2016 in the bank account to tax u/s. 69A of the Act, eventhough the assessee has filed a cash book showing sufficient source of cash for such deposit. We note that the ld.CIT(A) also has dismissed the appeal without condoning the delay in filing the appeal by the assessee. Since, the AO has not verified the source of cash deposit filed by :-4-: ITA. No: 2153/Chny/2024 the assessee during the assessment proceedings, in the interest of justice and fair play, we deem it fit to condone the delay in filing the appeal before the Ld.CIT(A) and set aside the order of the ld.CIT(A) and remit the matter back to the file of the AO by relying on the decision of the Hon’ble Supreme Court in the case of Tin Box Company vs CIT, [2001] 249 ITR 216 (SC) and direct AO to frame the assessment order denovo in accordance to law, after providing reasonable opportunity to the assessee. Needless to say, assessee to be diligent and file written submissions and relevant documents if advised so.