2025 (4) TMI 787

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....er of an assessment framed by Ld. AO u/s 143(3) of the Act on 12-12-2019. The registry has noted delay of 304 days in the appeal, the condonation of which has been sought by Ld. AR by way of condonation petition which is accompanied by an affidavit of the assessee. It has been submitted that the appeal was not filed on the wrong advice of earlier counsel. The assessee was not much educated and acted in good faith. Though Ld. CIT-DR opposed condonation of delay, however, keeping in mind the principles laid down by Hon'ble Apex Court in the case of Collector, Land Acquisition vs. Mst. Katiji & Ors. (1987; (2) TMI 61 SC), we condone the delay and proceed for disposal of the appeal on merits. 2. The Ld. AR advanced arguments and made out a c....

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....re out of earlier withdrawals. However, Ld. Pr. CIT alleged that this was required to be confirmed from the bank and it was to be ascertained as to who actually received this cash. The same was not done and it was not explained as to why the cash was withdrawn. The Ld. Pr. CIT also tabulated some of the details to establish that the credit in cash book was earlier than debit in the bank account. It was also not explained that despite having sufficient cash balance, why the cash was withdrawn. The withdrawal of cash and its holding period was unnatural which was not enquired into by Ld. AO. Accordingly, invoking Explanation-2 to Sec.263, the assessment was held to be erroneous and prejudicial to the interest iof the revenue. Finally, the ord....

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....ies were not made by Ld. AO. However, the impugned order is nothing but it merely intend to direct Ld. AO to conduct enquires in a particular manner which is beyond the revisionary jurisdiction u/s 263. The order cannot be revised on mere apprehension. The Ld. Pr. CIT, after considering the reply of the assessee, was required to establish as to how the order was erroneous and prejudicial to the interest of the revenue. In the absence of such a finding, revision is not justified. 6. Upon perusal of assessment order, it could be concluded that after having satisfied with the explanation as furnished by the assessee, Ld. AO chose to accept the returned income of the assessee. The Ld. AO had raised a specific query on sources of cash deposit....