Yashpal Tyagi Vs ITO (ITAT Delhi)
388-Day Delay Condoned — Delhi ITAT Restores Reassessment Appeal Hit by One-Notice CIT(A) Order
The Delhi ITAT (E Bench) allowed the appeal of Shri Yashpal Tyagi (AY 2012-13) for statistical purposes, condoned a delay of 388 days, and set aside the order of the CIT(A), NFAC, restoring the matter for fresh adjudication on merits.
The assessment was completed u/s 143(3) r.w.s. 147, making additions of ₹15.30 lakh as unexplained cash deposits and ₹2.39 crore as income from other sources, based on AIR information from PNB. The CIT(A) dismissed the appeal without proper consideration of evidence and allegedly after granting only a single opportunity of hearing.
Before the Tribunal, the Assessee explained that the delay in filing the appeal was due to lapse and negligence of the Chartered Accountant, supported by an affidavit. The ITAT accepted the explanation as bona fide, condoning the substantial delay.
The Tribunal also noted allegations of breach of natural justice, including non-consideration of cash-flow statements showing nexus between withdrawals and redeposits, and inadequate opportunity before the CIT(A). With no objection from the Revenue, the ITAT held that interests of justice demand a fresh look.
Accordingly, the matter was remanded to the CIT(A) for de novo adjudication after granting proper opportunity of hearing to the Assessee. The appeal was thus allowed for statistical purposes, keeping all issues on merits open
FULL TEXT OF THE ORDER OF ITAT DELHI
