2025 (7) TMI 1750

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....heard after considering the documents on record and submissions of the Ld. Sr. DR. 3. At the very outset, it is noted that the appeal is time barred by 743 days. The assessee had filed condonation petition a/w. affidavit. I have considered the contents therein and it is noted that such delay cannot be attributed to any deliberate or malafide conduct of the assessee, if any. At the same time, the department could not place on record any material /evidence to demonstrate that such delay was caused due to deliberate or malafide act of the assessee. Since reasons are purely circumstancial beyond the control of the assessee, therefore, the said delay of 743 days is condoned taking guidance from the judicial pronouncements viz. (i) Vidya Shankar....

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....ario, applying the provision of Section 68 of the Act which talks of unexplained cash credit itself goes to the root of the matter vitiates the assessment order as well as impugned order i.e. order of the Ld. CIT(Appeals)/NFAC. 6. In a recent decision of the Co-ordinate Bench of Delhi in the case of Sanjeev Kumar c/o M/s Raj Kumar & Associates vs. ITO Ward 2(3)(2), Bulandshahr, reported in 2023(10) TMI 1027-ITAT Delhi on the same issue of applying wrong provision of the Act, it was observed and held as follows: "14. In view of foregoing discussion, I reach to a logical conclusion that the complete cash book statement clearly explains the source of cash deposit to the bank account of assessee, wherein the assessee has not only included ca....

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.... hold that the addition made by the AO by mentioning incorrect and irrelevant charging section is not sustainable and valid being bad in law. Accordingly, grounds of assessee are allowed and AO is directed to delete the entire addition. 15. In the result, appeal of the assessee is allowed." 7. Similarly, in the decision of Hon'ble High Court of Allahabad in the case of Smt. Sarika Jain Vs. The Commissioner of Income Tax, Bareilly and Another, reported in (2018) 407 ITR 254 (All) which decision was referred to and applied in the earlier decision of the Coordinate Bench of Delhi (supra), the Hon'ble High Court of Allahabad held as follows: "In the present case, it is apparent that the subject matter of the dispute all through before the ....