NAVEEN ,COIMBATORE vs. ITO, NCW 2(5), COIMBATORE
What did the Tribunal hold?
The Tribunal condoned the delay in filing the appeal due to sufficient cause. It found that neither the AO nor the CIT(A)-NFAC had properly adjudicated the issue and that the assessee also failed to provide complete details.
What were the facts?
The assessee's appeal before the ITAT was delayed by 14 days due to an inadvertent office error in missing email notifications. The appeal concerned an addition of Rs. 21.86 lakhs made by the AO on account of cash deposits in specified bank notes during demonetization, which was confirmed by the CIT(A)-NFAC.
What were the issues?
Whether the addition of demonetized cash deposits as unexplained money was justified, and whether the matter requires fresh adjudication due to lack of proper inquiry by the lower authorities.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, ‘B’ BENCH, CHENNAI
Before: SHRI MAHAVIR SINGHAND SHRI S.R. RAGHUNATHA
आदेश /O R D E R
PER MAHAVIR SINGH, VICE PRESIDENT:
This appeal by the assessee is arising out of the order passed of the Commissioner of Income Tax (Appeals), National Faceless Appeal Centre (NFAC) in Order No.ITBA/NFAC/S/250/2023- 24/1058953473(1) dated 21.12.2023. The assessment was framed by the Income Tax Officer, Non-Corporate Ward 2(5), Coimbatore for the assessment year 2017-18 u/s.143(3) of the Income Tax Act, 1961 (hereinafter the ‘Act’) vide order dated 05.12.2019.
At the outset, it is noticed that the appeal of assessee is time barred by 14 days. It is noticed that the order of CIT(A)-NFAC is dated 21.12.2023 and as per Form 36, the assessee has noted the date of communication of the order as 21.12.2023. Therefore, the last date of filing of appeal expired on 19.02.2024 but assessee filed appeal before Tribunal on 04.03.2024. Thereby, there is a delay of 14 days. The assessee has stated the following reason for delay in its condonation petition:- The impugned order dated 21.12.2023 passed by the NFAC ought to have been challenged on or before 19.02.2024 but the appellant could not file the appeal within the stipulated time due to an inadvertent error in the office of the Appellant who had missed the email id of the hearing notice as well as the order of the First Appellate Authority and the same was noticed by the office belatedly.
The Appellant on receipt of the information regarding passing of the order had immediately taken steps to file an appeal before the Income Tax Appellate Tribunal and approached the Counsel on Record at Chennai through the Chartered Accountant who had filed the appeal belatedly with a small delay of 14 days. In this, regard it is submitted that the delay in filing the appeal was due to the reasons beyond the control of the appellant and also due to the reason being the Appellant residing outside Chennai.
When this was confronted to ld. Senior DR, he could not controvert the above fact situation. But, due to smallness of delay and the reason stated, we are of the view that reason stated is reasonable and there is sufficient cause by virtue of which, delay happened. Hence, we condone the delay and admit the appeal.
The only issue in this appeal of assessee is as regard to the order of CIT(A)-NFAC confirming the addition made by AO being cash deposits in specified bank notes during demonetization period amounting to Rs.21.86 lakhs as unexplained money u/s.69A of the Act.
We have heard rival contentions and gone through facts and circumstances of the case. The AO framed assessment on the basis of reply of assessee that the assessee is an individual and the nature of business is payment of registration fee to Tamil Nadu Registration Department. It was explained that registration fee that the client should pay are collected from them in the form of cash or bank transfer along with service charges. Wherever cash is received, these amounts are deposited into assessee’s proprietary concern namely Sharan Ebilling and Epayment and then it is paid to Tamil Nadu Registration Department in their portal www.tnreginet.gov.in through bank in the form of e-banking. Apart from that nothing was explained but filed computation of income, bank statements, profit & loss account and balance sheet. The AO framed assessment and made addition of demonetized cash deposit during demonetization period in specified bank notes amounting to Rs.21.86 lakhs u/s.69A of the Act. The assessee referred to some notification released on 10.11.2016 that the demonetized notes in the currency of 500 and 1000 can be used for payment of Government fees, charges, penalties and taxes but the CIT(A)-NFAC was not convinced and assessee could not further explain anything before the CIT(A) and hence, the action of the AO was confirmed by the CIT(A)-NFAC, confirming the addition. Aggrieved, assessee is in appeal before the Tribunal.
We have heard rival contentions and gone through facts and circumstances of the assessee. We noted that neither the AO nor the CIT(A)-NFAC has adjudicated the issue in proper perspective and by a speaking order. The CIT(A)-NFAC simpliciter recorded the finding based on just assessment. Even the assessee has not provided complete details before the AO like nexus of the amount received from clients and the same is deposited in the assessee’s bank account. The ld.counsel for the assessee only requested that matter can be restored back to the file of the AO, to which the ld.Senior DR has not objected. In term of the above factual aspect, we set aside the order of the AO and that of the CIT(A)-NFAC and remand the matter back to the file of the AO for fresh adjudication.
In the result, the appeal filed by the assessee is allowed for statistical purposes.
Order pronounced in the open court at the time of hearing on 13th June, 2024 at Chennai.
More judgments on Section 69A
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