2025 (11) TMI 1660

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.... "1. That the Assessment Order dated 23/03/2022 passed by the Assessing Officer, NFAC, Delhi as well as the order of the Learned Commissioner of Income Tax (Appeals), NFAC, Delhi dated 07/10/2024 thereby confirming the order of the A.O. are both against the facts of this case and are untenable under the law. 2. That no reasonable and proper opportunity of being heard was allowed by the Assessing Officer before passing the assessment order. As such the assessment order passed is bad in the eyes of law and the same is liable to be cancelled and similarly the order passed by the worthy CIT(A) thereby confirming the order of the AO is also bad in the eyes of law and the same is liable to be cancelled. That the reopening ....

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.... xxxxxx61471) and also from Axis Bank (A/c No.xxxx385322) and it was observed by the AO that the total cash deposit in bank during demonetisation period was only Rs. 2,02,500/- (considering all three banks together). It was further observed that as per bank information, the total credits in all the bank accounts taken together are Rs. 53.14 lakhs, and the return filed by the assessee on 26.03.2018 disclosed a turnover of Rs. 57.82 lakhs with a net profit percentage of 8% (eight percentage) reflecting a total income of Rs. 4,62,624/-. 3.1 However, in absence of any compliance to various notices issued by the AO in course of assessment proceedings, the assessment was completed on a total income of Rs. 6,65,120/- (with an addition of Rs. 2,....

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.... proceedings has been initiated on mis-information of cash being deposited in bank and without considering the fact that the return of income has been duly filed by the assessee in normal course and he prays for deletion of the addition made by the AO or for remanding the matter back to the file of the ld. CIT(A) for admission of the appeal for hearing of the case on merits. 6. The ld. DR relied on the order of the ld. CIT(A) and has submitted that since no written explanation has been filed before the ld. CIT(A) it was not possible for the first appellate authority to take a decision without condoning the delay in filing the appeal. 7. We have heard the rival submissions and considered the materials available on record and we find th....