DIXITKUMAR BHIKHALAL MORKHIYA,AHMEDABAD vs. THE ITO, WARD-2(2)(1), AHMEDABAD

Brief facts of the case is that the assessee is an individual and Proprietor of Silky Fashion World. For the Asst. Year 2017-18, assessee has not filed his Return of Income u/s. 139(1) or in response to 142(1) notice. The assessee made cash deposit of Rs.16,49,790/- during demonetization period. Hence a show cause notice was issued to the assessee to explain the details, which was not responded by the assessee and resulted in making addition u/s 69A of the Act of Rs. 50,24,243/- namely cash deposit in his bank account for the entire financial year.

Aggrieved against the same, assessee filed an appeal before Ld. CIT(A) who has dismissed the appeal for non-prosecution.

Aggrieved against the same, assessee is in appeal before us with a delay of 24 days in filing the appeal. The assessee explained that the delay is because of change in Chartered Accountant thereby delay to be condoned. The assessee also filed a Paper Book placing on record, the bank details of the assessee and other details namely Shop and Establishment Certificate of Silky Fashion World, rental agreement, professional tax registration certificate, copy of the ledger account of purchase of Silk Sarees from various parties and requested to condone the delay and set aside the assessment to the file of Assessing Officer for passing fresh order on merits.

Ld. D.R. appearing for the Revenue supported the order passed by the Assessing Officer and requested to levy cost to condone the delay.

We have perused the materials available on record as well as the Affidavit and Written Submissions filed by the assessee. We find that a reasonable cause for filing the appeal with a delay of 24 days, hence the same is hereby condoned. Since the assessee has filed all relevant documents before this Tribunal, we deem it fit to set aside the same by imposing cost of Rs. 2,000/- payable by the assessee to Prime Minister National Relief Fund within a period of 15 days of receipt of this order copy. On production of the receipt of the same, the Jurisdictional Assessing Officer is to pass fresh assessment order in accordance with law by giving proper opportunity of hearing to the assessee.

In the result, the appeal filed by the Assessee is allowed for statistical purpose.