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TMI Blog2025 (4) TMI 344X X X X Extracts X X X X X X X X Extracts X X X X ..... of the Income-tax Act, 1961, which appeal before ld. CIT(A) in turn has arisen from the penalty order dated 25.05.2018 passed by Assessing Officer u/s. 271(1)(c) of the Income-tax Act, 1961 levying penalty of Rs. 2,06,000/- against the assessee. 2. Grounds of appeal raised by assessee in the appeal memo filed with Income Tax Appellate Tribunal, Agra Bench, Agra, reads as under : "1. That learned CIT Appeals have erred on facts and law while sustaining the penalty imposed by the AO u/s 271(1)(c) at Rs. 2,06,000.00 по penalty is liable to be sustained, penalty imposed by the AO and sustained by the learned CIT Appeal is liable to be cancelled.That while sustaining the penalty, learned CIT(A) has completely ignored the provision ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e by 28 days before the Income-tax Appellate Tribunal, Agra, beyond the time prescribed u/s 253(3) of the 1961 Act. It is observed that the application for condonation of delay is filed by the assessee, and it is averred in the application that the assessee was sick due to which he was bed ridden and hence the appeal could not be filed in time, and prayers are made for condonation of delay. The said application is placed on record in file. I have gone through the contents of said condonation application .I am of the considered view that this delay of 28 days in filing this appeal belatedly with ITAT needs to be condoned. The assessee has shown sufficient and reasonable cause in filing this appeal belatedly with ITAT. If substantial justice ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... account of the assessee, whereas the assesse has neither filed return of income nor any explanation regarding source of cash deposit was provided during verification proceedings. The case of the assessee was reopened by Revenue u/s. 147, and notice u/s 148 was issued by the AO to the assessee on 30.03.2017 after recording of reasons for re-opening of the concluded assessment. The reassessment was framed by the AO vide order dated 30.11.2017 u/s 144/147 on total income of Rs. 9,85,000/-. The AO had made addition of income of Rs.8,25,000/- in the hands of the assesseetowards cash deposits in the bank account, by treating the same as unexplained income as the assessee could not explain the sources of said cash deposits. Proceeding u/s. 271(1) ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ls) dismissed the appeal of the assessee and confirmed penalty levied by the Assessing Officer u/s. 271(1)(c) of the Act. 5. Aggrieved, the assessee has filed second appeal with the Tribunal and at the outset ld. Counsel for the assessee Shri Rajendra Sharma, Advocate submitted that the appeal against quantum additions has been decided by the Tribunal in ITA No. 156/Agr/2019 (A.Y. 2010-11) vide order dated 11.12.2023, wherein the Tribunal has restored the matter back to the file of Assessing Officer for denovo determination of issue after verification of additional evidence by way of affidavit filed by the assessee's brother and other submissions of the assessee, by holding as under : 5. Against the above order, assesseeis in appeal befo ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... irections of ITAT vide orders dated 11.12.2023 in ITA No. 156/Agr/2019. 5.3Ld. Sr. DR fairly submitted that the matter can be restored back to the file of Assessing Officer for fresh determination of penalty u/s. 271(1)(c) of the Act. 6. I have considered rival contentions and perused material on record. I have observed that the reassessment proceedings were initiated by the Assessing Officer against the assessee by issuing notice u/s. 148 on 30.03.2017 mainly on the ground based on the information in possession vide AIR information that the assessee has deposited cash of Rs.8,25,000/- in his bank account. I have observed that the reassessment order was passed by the Assessing Officer u/s. 147/144 of the Act, as there was no compliance on ..... X X X X Extracts X X X X X X X X Extracts X X X X
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