9911796707
TMI Blog2025 (4) TMI 1609X X X X Extracts X X X X X X X X Extracts X X X X ..... 8. The assessee has raised following grounds of appeal: 1. The order of the Ld. CIT (A) is opposed to the law, facts and circumstances of the case. 2. The order of the Ld. CIT(A) is opposed to the various court decisions which is favoring the appellant is against the law and natural justice. 3. The learned CIT(A) has erred in upholding the addition made in the assessment order without considering the CBDT circulars/notifications/clarifications, jurisdictional Tribunal and High Court decisions on identical facts despite of mentioning the decisions in the grounds of appeal. 4. The Learned CIT(A) erred in condoning the error occurred in filling the Form 35 due the technical and due to inadvertent mistake. 5. The Ld. CIT(A) ought to h ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the assessee vide letter dated 5.9.2019 furnished the details of income and expenditure statement, profit & loss account and cash book. Further, the assessee in the said letter stated that they have exempted income for the financial year 2016- 17 and therefore, not filed the income tax return for the said period. The AO found the submission made by the assessee as not satisfactory and as the assessee had deposited cash in old currencies of denomination of Rs. 500/- & Rs. 1,000/-, amounting to Rs. 13,32,000/- into their bank account, the entire deposits were treated as assessee's unaccounted income for the assessment year 2017-18 by invoking the provisions of section 69A of the Act and taxed u/s 115BBE of the Act. 2.1 Further, as the assess ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... bmitted that the entire income of the assessee are exempted and therefore, the assessee have not filed the income tax return for the said period. Therefore, dismissing the appeal on the ground that appeal is not maintainable as per section 249(4) of the Act is illegal and bad in law. Further, the ld. A.R. of the assessee submitted that the case law relied upon by the assessee is not at all applicable to the present fact of the case as during the course of assessment proceedings, the assessee has submitted income and expenditure account along with cash book during the course of assessment proceedings & the AO has passed an Order U/s 144 of the Act only on the ground that the assessee had not filed its return of Income. 4. Ld. D.R. on the ot ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... income. Therefore, this ground of the assessee is allowed. 5.1 Further, with regard to dismissal of the appeal on the merit of the case by relying on the decision of this ITAT in ITA No. 646/Bang/2021 dated 18.2.2022 is also not sustainable as in that case, there was no response from the assessee to various notices/SCN issued by the AO, where as in the present case assessee had submitted the reply along with the cash book and income and expenditure account during the course of assessment proceedings. We are of the considered opinion that since the ld. CIT(A)/NFAC has not considered the grounds of appeal raised by the assessee on merits and therefore in the interest of justice and equity, we are remitting the entire issue in dispute to the ..... X X X X Extracts X X X X X X X X Extracts X X X X
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