2025 (6) TMI 1698

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....1.2024, which has been passed against the assessment order u/s 147/144/144B of the Act, dated 18.03.2023. 2. The assessee is in appeal before the Bench raising the following grounds of appeal: "1. For that the Ld. CIT(A) was not justified in not condoning a modest delay in filing appeal of 15 days in spite of reasonable cause shown before him. 2. (a) For that the Ld. CIT(A) ought to have held re-opening proceedings u/s 147/144 to be invalid and was liable to be quashed. (b) For that the Ld. CIT(A) failed to consider that the Jurisdictional A.O. lacked jurisdiction to issue notice u/s 148 in view of the provisions of section 151A r.w.s. notifications issued there under, thereby vitiating the reassessment order. ....

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....acts of the case are that the assessee had not filed the return of income for AY 2015-16 and the assessee was found to have carried out financial transactions relating to cash deposit in the bank account of Rs. 2,28,84,814/-, interest income of Rs. 1,01,01,377/- and payment of hotels and restaurant bills of Rs. 1,69,110/-. As no return of income was filed, therefore, after recording reasons and after complying with the statutory requirements, a notice u/s 148 of the Act was issued on 29.03.2022 requiring the assessee file the return of income. Neither the return of income was filed nor any response was made to the notice issued u/s 142(1) of the Act. Subsequently, the final show cause notice was issued. Thereafter the cash deposits in the b....

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.... of delay. 4. Aggrieved with the order of the Ld. CIT(A) the assessee has filed the appeal before the Tribunal. 5. Rival contentions were heard and the submissions made and the paper book filed have been examined. Even though at pages 1 and 2 of the paper book an affidavit in respect of the delay in filing of the appeal before the Ld. CIT(A) has been mentioned to have been enclosed but no such affidavit is found to be enclosed in the paper book which runs from page 3 to 48 and in which the assessee also contends that written submission had been filed before the Ld. CIT(A). However, the reasons for the delay have been reproduced in the order of the Ld. CIT(A). 6. We have gone through the facts of the case and also considered the pap....