YUVRADHANI AGRO & DEVELOPERS PVT LTD,YAVATMAL vs. ITO WARD-1, YAVATMAL , YAVATMAL
Facts
The assessee, Yuvradhani Agro & Developers Pvt Ltd., failed to file its return of income for AY 2017-18. Based on information of cash deposits of Rs. 25.00 lakh, the Assessing Officer (AO) initiated reassessment proceedings under section 147 and made an addition of Rs. 25.00 lakh under section 69A for unexplained money. The assessee's appeal before the CIT(A) was dismissed due to delay.
Held
The Tribunal condoned the delay in filing the appeal before the CIT(A), noting that a significant portion of the delay occurred during the COVID-19 pandemic. The Tribunal set aside the findings of the CIT(A)/NFAC and restored the issues to the CIT(A) for fresh adjudication.
Key Issues
Whether the delay in filing the appeal before the CIT(A) should be condoned, and whether the addition made by the AO under section 69A is justified.
Sections Cited
144, 147, 148, 69A
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, NAGPUR ‘SMC’ BENCH, NAGPUR
Before: DR.MANISH BORAD
आदेश / ORDER
The captioned appeal at the instance of assessee pertaining to A.Y. 2017-18 is directed against the order dated 09.12.2025 framed by National Faceless Appeal Centre, Delhi (NFAC) arising out of Assessment Order dated 14.12.2019 passed u/s.144 r.w.s.147 of the Income Tax Act, 1961 (in short ‘the Act’).
I have heard the rival contentions and perused the record placed before me. I note that the assessee is a Private Limited Company and did not file the return of income for A.Y. 2017-18. Based on the information about cash deposits of Rs.25.00 lakh notice u/s.148 of the Act validly issued and served upon the assessee. However, the assessee remained non-compliant resulting into passing of
ITA No.47/NAG/2026 Yuvradhani Agro & Developers Pvt Ltd. Best Judgment assessment and addition of Rs.25.00 lakh made u/s.69A of the Act towards unexplained money. Thereafter assessee preferred appeal before ld.CIT(A) which was delayed by 265 days. Majority of the delay pertains to covid-19 pandemic outbreak period. However, still ld.CIT(A) has not condoned the delay and dismissed the appeal. I have gone through the contents of the application filed for condonation of delay before ld.CIT(A) and find that ‘sufficient cause’ prevented the assessee to file the delay with delay. I therefore condone the delay before ld.CIT(A).
So far as merits of the case are concerned, assessee has contended that books of account are audited and source of alleged cash deposits is the business proceeds and can be explained before the First Appellate Authority. I therefore deem it appropriate to restore the issues raised in the instant appeal for the file of ld.CIT(A) with a direction to file additional evidences explaining the alleged cash deposits. Ld.CIT(A) if necessary may call for the remand report from the ld. Jurisdictional Assessing Officer. Needless to mention that ld.CIT(A) in the set aside proceedings shall provide reasonable opportunity of hearing to the assessee. Assessee is also directed to remain vigilant and not to take adjournment unless otherwise required for reasonable cause, failing which the ld.CIT(A) shall be free to proceed in accordance with law. Findings of the CIT(A)/NFAC are set aside and Grounds of appeal raised by the assessee are allowed for statistical purposes.
ITA No.47/NAG/2026 Yuvradhani Agro & Developers Pvt Ltd. 4. In the result, the appeal of the assessee is allowed.
Order pronounced on this 26th day of March, 2026.
Sd/- (MANISH BORAD) ACCOUNTANT MEMBER Nagpur/ दिन ांक / Dated : 26th March, 2026. Satish आदेश की प्रतिलिपि अग्रेपिि / Copy of the Order forwarded to : अपील र्थी / The Appellant. 1. प्रत्यर्थी / The Respondent. 2. 3. The Pr. CIT concerned. विभ गीय प्रतितनधि, आयकर अपीलीय अधिकरण, न गपुर SMC बेंच, 4. न गपुर / DR, ITAT, “Nagpur SMC Bench, Nagpur ग र्ड फ़ इल / Guard File. 5. आिेश नुस र / BY ORDER,
// True Copy // Assistant Registrar, आयकर अपीलीय अधिकरण, न गपुर/ ITAT, Nagpur
