2024 (8) TMI 874

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.... Condonation of delay: 33 days: It is pointed out by the registry that this appeal is filed belatedly by thirty-three days. The assessee has filed an application explaining the delay along with an affidavit that the assessee is a senior citizen and totally ignorant about operating of computers and he was not aware as to when the first appellate order has been passed and states that the first appellate order has been served on his tax consultant Mr C A Majaz, who never informed the assessee regarding the outcome of the first appeal and handed back file records. Subsequently, with the help of newly appointed counsel Mr Bashir Ahmad (FCA) the assessee filed this appeal before the Tribunal belated by 33 days. As such he prays for condonation of....

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....ns made may please be deleted in full." 4. The brief facts are that the assessee is engaged in the business of biscuits and confectionary and sweets under the trade name of M/s Shalimar Sweets, located at Habkadal, Srinagar. During the FY 2016-17 (Asst year 2017-18 under appeal), there was deposit of Rs. 1,41,91,271/- (inclusive of Rs. 14,54,900/- in SBN during demonetization period), in his bank account, with J K Bank, Srinagar. 4.1 In absence of any regular return on record, and in absence of any compliance or response from the assessee in response to notice u/s 142(1), of the Act 61, the AO completed the assessment u/s 144 of the Act, by determining the business profits @ 8% on business turnover at Rs. 10,19,920/- (excluding the SB....

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....e before him and prays that the appeal order may be sustained. 8. We have heard both the rival submissions and considered the materials on record. It is seen that the assessee needs to explain the SBN deposits with proper books of accounts and other documentary evidences, which has not been done in this case. It is also not clear to us whether the notices from first appeal office is served through ITBA portal or otherwise. 8.1 As such in the interest of justice, we remand the matter back to the files of the Ld. CIT (A), to allow the assessee an opportunity of producing all documentary evidences needed to explain and establish his case in relation to the grounds of appeal contained in form 35, and to pass an order on merits of the case....