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ITAT Restores Appeal as Taxpayer Could Not Respond to SCN Due to Illness

Case Law Details

TaxGuru Citation
2026 taxguru.in 6260
Case Name
Alli Muniswamy Narayan Vs ITO (ITAT Bangalore)
Date of Judgement/Order
Only available for paid members
Related Assessment Year
2023-24
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Alli Muniswamy Narayan Vs ITO (ITAT Bangalore)

The assessee, an individual, filed his return of income for Assessment Year 2023-24 on 26.12.2023. The return was processed under Section 143(1) and a refund was granted. Subsequently, the case was selected for scrutiny and several notices were issued, to which the assessee responded by filing submissions and documents.

A show cause notice was later issued on 24.01.2025. According to the assessee, he could not respond to this notice due to ill health. Consequently, the Assessing Officer completed the assessment under Section 143(3). In the assessment order, the lease rent received from a poultry farm was not accepted as returned and was treated as income from house property. The Assessing Officer also treated credits appearing in the assessee’s bank accounts as unexplained cash credits under Section 68 and made a separate addition under Section 69A in respect of cash deposits in the bank account. Since no response was filed to the show cause notice, these additions were confirmed.

The assessee filed an appeal before the Commissioner (Appeals) with a delay of 43 days. The Commissioner (Appeals) was not satisfied with the reasons furnished for condonation of delay and dismissed the appeal as time-barred.

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Author Info

CA Sandeep Kanoi
Qualification: CA in Job / Business
Company: Taxguru Consultancy
Location: Mumbai, Maharashtra
Articles Published: 19,237

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