PANDITWARI SADHAN SAHKARI SAMITI LIMITED,DEHRADUN vs. INCOME TAX OFFICER , DEHRADUN
What did the Tribunal hold?
The Tribunal condoned the delay in filing appeals before the NFAC for both assessment years. It directed the NFAC to admit the appeals, consider fresh evidence, and adjudicate the grounds raised afresh.
What were the facts?
The assessee failed to file a return of income and explain the source of a large investment in TDR. The Assessing Officer made a best judgment assessment treating the investment as unexplained income. The appeal before the NFAC was dismissed due to a significant delay.
What were the issues?
Whether the NFAC was justified in dismissing the appeals solely on the ground of delay without considering the merits. The core issue is the assessee's unexplained investment and the subsequent penalty.
Which sections of the Income-tax Act were involved?
Section 147,Section 148,Section 144,Section 69,Section 115BBE,Section 271(1)(c)
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, DEHRADUN BENCH, NEW DELHI
Before: SHRI M. BALAGANESH & SHRI SATBEER SINGH GODARA
O R D E R PER M. BALAGANESH, A. M.: 1. The appeal in & 87/DDN /2024 for AYs 2016-17 & 2017- 18, arises out of the order of the National Faceless Appeal Centre (NFAC), Delhi [hereinafter referred to as ‘ld. NFAC’, in short] in appeal No. ITBA/NFAC/S/250/2023-24/1062683871(1) dated 15.03.2024 against the order of assessment passed u/s 147 of the Income-tax Act, 1961 (hereinafter referred to as ‘the Act’) dated 31.03.2022 by the Assessing Officer, ITO, Ward-1(1)(2), Dehradun (hereinafter referred to as ‘ld. AO’).
Identical issues are involved in all these appeals and hence they are taken up together and disposed of by this common order for the sake of convenience. At the outset, there is a delay in filing of appeals before us by 20 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 appeals for adjudication.
The case of the assessee for the assessment year 2017-18 was sought to be re-opened by the Learned AO vide issuance of notice under section 148 of the Act on the ground that assessee has purchased TDR amounting to Rs 7,55,29,490/-. Since no return of income was filed by the assessee, the Learned AO formed a belief that income of the assessee had escaped assessment and accordingly issued notice under Section 148 of the Act. In response to this notice also, the assessee did not file any return of income. No appearance was made by the assessee before the Learned AO in the re-assessment proceedings. Accordingly, the Learned AO proceeded to frame a best judgment assessment under Section 144 of the Act after giving show-cause notice to the assessee. The Learned AO observed in the re-assessment order that assessee has purchased TDR amounting to Rs 7,55,29,490/- from District Co-operative Bank Ltd, Prem Nagar, Dehradun during the year under consideration. The source of making such investment remained unexplained and accordingly, the same was treated as unexplained investment made under Section 69 of the Act read with Section 115BBE of the Act. The assessee preferred an appeal before the Learned NFAC with a delay of 261 days. The Learned NFAC observed that assessee had not shown sufficient cause for the delay in filing of appeal and accordingly dismissed the appeal as not maintainable. Aggrieved, the assessee is in appeal before us.
Before us, the assessee’s counsel furnished the reasons for delay in filing of appeal before the Learned NFAC and considering the same, in the interest of substantial justice, we are inclined to direct the Learned NFAC to condone the delay and to admit the appeal of the assessee for adjudication and pass an order qua the grounds raised before it in accordance with law afresh. The assessee is at liberty to furnish fresh evidences, if any, in support of its contentions. Needless to mention that the assessee be given reasonable opportunity of being heard. With these directions, the grounds raised by the assessee in for assessment year 17-18 are allowed for statistical purposes.
In respect of appeal in 271(1)(c ) of the Act. We find that in this case also, the appeal was dismissed by the Learned NFAC by not condoning the delay. In view of the directions given in supra, this appeal is also restored to the file of Learned NFAC with a direction to condone the delay and admit the appeal and adjudicate the issues raised thereon afresh in accordance with law.
In the result, both the appeals of the assessee are allowed for statistical purposes.
Order pronounced in the open court on 02/04/2025.
More judgments on Section 147
- ACIT Central Bilaspur, Bilaspur vs Arun Kumar Agrawal, SaktiITSSA 26/RPR/2025[2018-19]Status: Disposed21 Oct 2026AY 2018-19
- Vinod Agrawal, Kawardha vs Assisstant Commissioner of Income Tax…ITA 666/RPR/2026[2019-20]Status: Heard21 Oct 2026AY 2019-20
- Sar Business Tradelink Private Limited… vs Income Tax Officer, Ward - 1(2), RaipurITA 599/RPR/2026[2014-15]Status: Heard21 Oct 2026AY 2014-15
- Tarunaben Maganlal Bhut, Navagam vs ITO Ward 2(2)(1), RajkotITA 673/RJT/2026[2024-25]Status: Disposed21 Oct 2026AY 2024-25
- Neo Incorporation, Rajkot vs DCIT Circle- 1(2), RajkotITA 471/RJT/2026[2012-2013]Status: Disposed21 Oct 2026AY 2012-2013
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