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Illness of authorised signatory justifies second chance: ITAT restores cash-deposit additions to AO

Case Law Details

TaxGuru Citation
2025 taxguru.in 12676
Case Name
Ramsons Aqua Limited Vs Assessing Officer (ITAT Delhi)
Date of Judgement/Order
Only available for paid members
Related Assessment Year
2017-18
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Ramsons Aqua Limited Vs Assessing Officer (ITAT Delhi)

Delhi ITAT  condoned delay &  set aside ex-parte assessments framed u/s 144/147 &  143(3), restoring the matters to the file of AO for fresh adjudication. Tribunal noted that both assessment as well as first appellate proceedings remained uncontested due to serious &  multiple ailments suffered by the authorised signatory of the Assessee, a fact supported by medical evidence. Additions were mainly on account of cash deposits, for which Assessee claimed to possess complete documentary support. Holding that ends of justice require one effective opportunity, ITAT remanded the issues to AO to examine evidences &  pass a speaking order after granting proper opportunity of hearing. Appeals were allowed for statistical purposes

FULL TEXT OF THE ORDER OF ITAT DELHI

Both the appeals are preferred by the assessee against the common order dated 27.06.2024 of the Ld. National Faceless Appeal Centre (NFAC) Delhi (hereinafter referred as Ld. First Appellate Authority or in short Ld.

‘FAA’) in DIN & Order Nos. ITBA/NFAC/S/250/2024-25/1066151189(1)/ ITBA/NFAC/S/250/2024-25/1066150631(1) arising out of the different order dated 16.12.2019 & 17.12.2019 passed u/s 144/147 & 143(3) of the Income Tax Act, 1961 (hereinafter referred to as ‘the Act’) by the ITO, Ward 21(1) New Delhi for AYs: 2012-13 & 2017-18.

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Author Info

CA Vijayakumar Shetty
Qualification: CA in Practice
Company: Shetty & Co, Chartered Accountants, Mangalore
Location: Mangalore, Karnataka
Articles Published: 6,566

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