ITAT Jabalpur Judgments — July 2023

The Tribunal granted the assessee's request to withdraw the appeal. The appeal was accordingly dismissed as withdrawn.

The Tribunal found that the NFAC passed its order before the due date for the assessee's submission of reply and evidence. Therefore, the assessee was deprived of an opportunity to present their case. The matter was restored to the Assessing Officer for fresh adjudication.

The Tribunal found that the assessee had provided valid reasons for non-compliance with the NFAC. Therefore, the assessee was granted another opportunity to present their case and furnish details.

The Tribunal held that Section 40A(3) of the Act, as it stood at the relevant time, only disallowed payments exceeding Rs. 20,000 made in cash. Since all individual payments were below this threshold, the disallowance was incorrect.

The Tribunal found that the assessee had a reasonable cause for non-compliance due to his father's serious illness and subsequent death. Therefore, the case was restored to the Assessing Officer for fresh assessment.

The Tribunal permitted the assessee to withdraw the appeal. Consequently, the appeal filed by the assessee was dismissed as withdrawn.