Amit Vyas Vs ITO (ITAT Indore)
In the case of Amit Vyas Vs ITO, the Income Tax Appellate Tribunal (ITAT) Indore addressed an appeal filed against the Commissioner of Income Tax (Appeals) [CIT(A)] order dismissing the appeal due to a 669-day delay. The case originated from an assessment for the 2015-16 financial year where an addition of ₹40,00,000 was made for unexplained cash deposits. Vyas argued that the delay occurred due to incorrect service of the assessment order, as it was sent to an old address despite updating the details with the assessing officer. CIT(A) dismissed the appeal both on technical grounds of delayed filing and on the merits, which prompted Vyas to approach ITAT. The tribunal noted that crucial documents explaining the delay, such as the change of address and returned speed post, were not presented earlier. Consequently, ITAT remanded the case back to CIT(A) for fresh consideration, allowing Vyas to provide additional evidence and argue the case further. The appeal was allowed for statistical purposes, and no judgment was made on the merits of the addition.
Assessee was represented by Shri Milind Wadhwani
FULL TEXT OF THE ORDER OF ITAT INDORE
Feeling aggrieved by appeal-order dated 25.10.2023 passed by learned Commissioner of Income-Tax (Appeals)-NFAC, Delhi [“CIT(A)”] which in turn arises out of assessment-order dated 22.12.2017 passed by learned ITO-2(1), Ujjain [“AO”] u/s u/s 143(3) of Income-tax Act, 1961 [“the Act”] for Assessment-Year [“AY”] 2015-16, the assessee has filed this appeal on the grounds mentioned in Appeal Memo (Form No. 36).
