2025 (11) TMI 804

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....l is time barred by 39 days. The delay of 39 days is condoned on due consideration of facts of assessee's case and owing to causing no perceptible prejudice to other side. 3. The assessee has raised the following grounds of appeal: "1. In law and on the facts and in the circumstances of the case, the order u/s 250 of the Act passed by the Ld. CIT(A) is arbitrary, erroneous, contrary to the provisions of law. 2. In law and on the facts and in the circumstances of the case, the Ld. CIT(A) has grossly erred in dismissing the appeal not adjudicating the merits of the case on ground of limitation when appellant has sufficient cause for not filing appeal within the time. 3. In law and on the facts and in the circumst....

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....r evidence, the AO proceeded to complete the assessment under section 144 of the Act on a best judgment basis. Accordingly, the entire amount deposits were treated as unexplained cash credit and added to the total income. Consequently, penalty proceedings under section 271(1)(c) were also initiated for concealment of income. 6. In appeal, Ld. CIT(A) dismissed the appeal of the assessee on account of delay of 477 days in filing of appeal before him. The Ld. CIT(A) made the following observations while dismissing the appeal of the assessee: "7. On the facts and circumstances of the case, and in view of the position of law applicable on the given facts, I am satisfied that the appeal has not been presented within the period prescri....

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....bited from the Axis Bank Account of the assessee in 2020. Further, since the period was coinciding with the Covid pandemic period, it was due to these reasons that there was a delay in filing of appeal by the assessee before CIT(A). However, CIT(A) without going into the merits of the case, summarily dismissed the appeal of the assessee on account of delay in filing of appeal before him. 8. On merits, the ld. counsel for the assessee submitted that the addition of Rs. 12,44,754/- made on account of cash deposits and bank interest was not sustainable, since the deposits were not unexplained but were sourced from his business activity in the construction sector. The ld. counsel for the assessee submitted that that the contract receipts fro....

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....our and work-related expenses. For example, deposits on various dates like Rs. 2,50,000/- on 16.09.2011, Rs. 1,18,000/- on 12.10.2011, and Rs. 2,20,000/- on 17.12.2011 were all explained as being sourced from earlier withdrawals from the same bank account, duly recorded and supported by cash flow records. However, CIT(Appeals) had summarily dismissed the appeal of the assessee on account of delay in filing of appeal by the assessee without going into the merits of the assessee's case and also without taking the additional evidence on record. 9. We have heard the rival contentions and perused the material on record. 10. In response, Ld. DR placed reliance on the observations made by Assessing Officer and Ld. CIT(A) in their respective ....