Jagdishbhai Karamshibhai Bodra Vs DCIT (ITAT Surat)
ITAT Surat held that delay in filing of an appeal before CIT(A) since the assessee was displaced from his office due to attachment of office on account of some purported fraud committed by him is sufficient cause. Accordingly, matter remitted back.
Facts- Post completion of assessment, AO found that a case had been registered against the assessee for bank fraud amounting to Rs.128 crores. AO issued various notices including notice u/s 148, 142(1) and show cause notice which are detailed in the table at para 2 of the assessment order. The assessee neither filed return in response to notice u/s 148 nor filed details or explanation in response to the other statutory and show cause notices. Since assessee was not responsive, AO tried to track the notices and found that they have been returned with remark “Not Delivered ADDRESSEE MOVED”. Thereafter, AO added Rs.6,61,70,712/- as assessee’s undisclosed income from other sources and total income was determined at Rs.7,24,90,152/- against the earlier assessed income of Rs.63,19,440/-. The AO also initiated penalty proceedings u/s 271(1)(c) for concealment of income and penalty u/s 271(1)(b) for noncompliance of notice issued u/s 142(1).
CIT(A) dismissed the appeal since the same was filed belatedly. Accordingly, being aggrieved, the present appeal is filed.
