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    <title>2026 (8) TMI 673 - ITAT MUMBAI</title>
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    <description>Delay in filing the appeal was condoned because the assessee had diligently pursued filing but was prevented by the authorised representative&#039;s inaction; the explanation was bona fide and showed no deliberate negligence or mala fides. A first appellate authority must decide statutory grounds arising from the assessment order through a reasoned order under Section 250, even where the appellant is absent. Dismissal of the first appeal solely for non-prosecution without merits adjudication was therefore unsustainable. The matter was restored to the Assessing Officer for fresh adjudication, including examination of the assessee&#039;s documentary explanation for cash deposits, after a reasonable opportunity of hearing.</description>
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      <link>https://www.taxtmi.com/caselaws?id=796800</link>
      <description>Delay in filing the appeal was condoned because the assessee had diligently pursued filing but was prevented by the authorised representative&#039;s inaction; the explanation was bona fide and showed no deliberate negligence or mala fides. A first appellate authority must decide statutory grounds arising from the assessment order through a reasoned order under Section 250, even where the appellant is absent. Dismissal of the first appeal solely for non-prosecution without merits adjudication was therefore unsustainable. The matter was restored to the Assessing Officer for fresh adjudication, including examination of the assessee&#039;s documentary explanation for cash deposits, after a reasonable opportunity of hearing.</description>
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