TaxTMI 
TaxTMI 
TaxTMI 
2023 (4) TMI 108
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....the Income Tax Act, 1961 (hereinafter referred to as 'the Act') dated 13.09.2017. The assessee has raised the following grounds of appeal:- "1. The learned AO as well as Learned NFAC/CIT(A) has erred in making addition to the total income of the assessee which is primarily agriculture inn nature and in fact exempted to tax 2. The Learned NFAC/ CIT(A) has erred in making addition of Rs.7,60,000/- on the vary ground that "appellant has not submitted any confirmations of his fellow agriculturist friends in respect of his claim that he had made aggregate borrowings of Rs.7,60,000/- from them" contrary to that during the course of appeal proceedings the appellant has submitted all substantial evidence pertaining to the agriculture income as ....
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....r, Assessing Officer served various notices for seeking details, however, no response done by assessee in order to verify, the information about cash deposit, the Assessing Officer issued notice under section 133(6) on 28.07.2017 to the bankers of the assessee. It was informed by the banker of assessee that there is cash deposited of Rs.15,90,670/- on various dates. As no response was made on the part of assessee against various notices, the Assessing Officer finally issued show cause notice dated 18.08.2017. The contents of such show cause notice is reproduced in para-5 of assessment order. The Assessing Officer recorded that again no response was made by assessee. The Assessing Officer in absence of any response or explanation on the part....
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....andli, Gandevi factory. The ae also furnished copy of Forms 7/12, 8A certificate issued by Sabhashad Sherdi Kapni Vahatuk Vyavastha Samiti Khergam Gandevi. The assessee further stated that he intended to send his son / Bhadreshkumar Sureshbhai Mistry for higher study of PGD in Business Management in London, United Kingdom. For the purpose of arranging fees, for his son, the assessee borrowed money from his relatives and friend. Apart from his own past savings from agricultural income and deposited in his bank account with Bank of Baroda. The assessee furnished the names and addresses and the amount borrowed along with copy of ownership of agricultural holdings of Bhagubhai Rambhai Mistry, Dahyabhai Khandubhai Mistry, Pravinbhai Lalbhai Mist....
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....iled any confirmation from his fellow agriculturists in respect of borrowing of Rs.7.60 lakh. The claim made first time before the appellate stage, which was never before Assessing Officer. Thus, NFAC/Ld. CIT(A) directed the Assessing Officer to verify the claim that cash deposit are only Rs.5,90,760/- and to restrict the addition to that extent only. Further, aggrieved the assessee filed present appeal before the Tribunal. 6. On perusal of record shows that impugned order passed by NFAC/Ld. CIT(A) on 05.05.2022, however, the present appeal filed on 05.09.2022. Thus, the appeal is barred by limitation of 63 days in filing appeal before Tribunal. The assessee filed an application supported affidavit for condonation of delay. The Ld. Authori....
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....dge of dismissal of appeal of assessee by NFAC/Ld. CIT(A) after 63 days. Considering the fact that assessee has filed his affidavit and stated on oath that he was not served with the impugned order passed by NFAC/Ld. CIT(A) and came to know about dismissal of appeal only on receipt of tax demand notice and thereafter, filed present appeal. Considering the fact that when technical consideration and cause of substantial justice are pitted against each other, the cause of substantial justice must be preferred. Thus, considering the facts of delay in filing of assessees appeal is condoned. Now adverting the merit of the case. 9. Now adverting to application for additional ground of appeal. Ld. AR for the assessee submits that Assessing Officer....
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....fore, this additional ground of appeal is admitted for adjudication and restored back to the file of Assessing Officer to consider it afresh, in accordance with law after providing reasonable opportunity of hearing to assessee. The assessee is directed to produce evidence before Assessing Officer as and when called for. This additional ground of appeal is allowed for statistical purposes in above terms. 12. Now adverting to ground No.1, which is general in nature and does not require any adjudication. Hence, this ground of assessees appeal is dismissed as infructuous. 13. Ground No.2 relates to addition of Rs.7.60 lakh. The Ld. AR for the assessee submits that assessee is an agriculturist holding agricultural land, which is situated at Vi....