9911796707
TMI Blog2025 (5) TMI 694X X X X Extracts X X X X X X X X Extracts X X X X ..... brevity, the grounds of appeal are not being reproduced in the order but the essence of the grounds are that the unilateral order in question was excessive, illegal and without justice and that the complete details of inward supplies and outward supplies received by the assessee in the relevant year had been submitted, the accounts had been audited and audit report uploaded on the portal. The firm had erroneously been allotted a second PAN in the F.Y. 2011-12 on application for duplicate PAN and this second PAN had been furnished to the bank while the ITR and Tax Audit Report had been submitted on the existing PAN. As a result of this, an impression had been created that there were unexplained deposits in the bank account but the fact is th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ice, we deem it fit to decide the salient points in the case so that justice may be done to both parties. 2. At the very outset, it is noticed that the appeal is late. It was submitted that while the appeal is late, it is within time from the time when the assessee came to notice it. The assessee has submitted that since he is not familiar with the Portal or computer (not being literate), he could not access the order previously but the moment he received the same by registered post, he handed the same over to his tax advisor by which time, the appeal was already delayed. Accordingly, it is prayed that the delay may kindly be condoned and reference has also been invited to certain decisions of the ITAT where the ITAT has condoned the delay ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... udit reports to the department with its original PAN i.e. AAEFJ6725H. The assessee's partners are not literate or computer literate and the partner of the assessee firm was unwell during Covid and therefore, he was unable to get online notices checked. Therefore, there could not be any compliance before the ld. AO but at the same time the ld. AO was unjustified in making assessment without regard to the history of the assessee's case. The assessee did not agree that the deposits in the account were Rs. 13,92,18,000/-. According to him, the amount of cash deposit in the said bank account was only Rs. 7,22,69,000/- and which was evident from the bank statement. Because the ld. AO had not considered the bank statement properly therefore, the a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he assessee had agreed to cash deposits of Rs. 7,22,69,000/- and shown very limited profit i.e. only Rs. 27,910/- on them. But he had not offered any explanation as to how the amount of Rs. 13,92,18,000/- had been deposited in the bank account and even the profit disclosed by him on his admitted deposit was much below the accepted rate of taxation. Therefore, he dismissed the appeal of the assessee and confirmed the addition made by the assessee. 6. We have duly considered the facts and circumstances of the case. We are in agreement with the ld. CIT(A) that there is no infirmity in the action of the ld. AO in reopening the case or in finalizing assessment under section 144. An AO has to act on the basis of the materials before him. The mat ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... de in the HDFC Bank account opened under PAN No. AAGFI8468H are duly explained by the returns and audit report filed under PAN No. AAEFJ6725H. Since this has not happened in the first round of assessment, therefore, we deem it appropriate to restore the matter back to the file of the ld. AO to give the assessee an opportunity to file the necessary evidences before the ld. AO to support his case. The ld. AO may thereafter take a decision in accordance with the evidences present before him.
7. Accordingly, the matter is restored to the file of the ld. AO for de novo assessment.
8. In the result, the appeal of the assessee is allowed for statistical purposes.
Order pronounced on 01.05.2025 under Rule 34(4) of the ITAT Rules. X X X X Extracts X X X X X X X X Extracts X X X X
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