IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCH “E” MUMBAI BEFORE SHRI SANDEEP GOSAIN (JUDICIAL MEMBER)

AND SHRI OM PRAKASH KANT (ACCOUNTANT MEMBER)

Assessment Year: 2017-18 Shri Khandeshwar Sahakari Income Tax Officer-27(3)(1), Patsanstha Ltd. Mumbai C/o. Shantaram Jagtap, Ravji Sojpal Vs. 422, 4^th Floor, Tower No. 6, Chawl No. 7, Room No.18, T.J. Vashi Railway Station Road, Sewri, Mumbai-400015 Complex, Vashi, Mumbai-

400703 PAN NO. ABYFS 0132 L Appellant Respondent Assessee by : Mr. Kumar Kale Revenue by : Mr. Hemanshu Joshi, CIT-DR Date of Hearing : 23/06/2025 Date of pronouncement : 30/06/2025

ORDER

PER OM PRAKASH KANT, AM This appeal by the assessee is directed against order dated

31.12.2024 passed by the Ld. Commissioner of Income-tax (Appeals) – National Faceless Appeal Centre, Delhi [in short „the Ld.

CIT(A)‟] for assessment year 2017-18, raising following grounds:

“Being aggrieved by the order dated 31.12.2024 passed by the learned Commissioner of Income Tax (Appeals), National Faceless Appeal, Centre, Delhi "Ld. CIT(A)" u/s. 250 of the Income-tax Act, 1961 ("Act"), your appellant prefers this appeal, among others, on the following grounds of appeal, each of which is without prejudice to, and independent of, the other:

1. On the facts and in the circumstances of the case, and in law, the Ld. CIT(A) erred in not condoning the delay in filing the appeal before him. The appellant submits that the Ld. CIT(A) failed to appreciate that the delay was caused due to reasonable and sufficient reasons, and therefore, he ought to have condoned the delay. Your appellant, therefore, prays that the aforesaid delay may kindly be condoned, and the matter be restored to the file of the Ld. CIT(A) for adjudication on its merits.

2. On the facts and in the circumstances of the case, and in law, the Ld. CIT(A) erred in not deleting the addition of Rs. 13,96,500/- made by the Ld. AO u/s. 69A of the Act. Your appellant, therefore, prays that the aforesaid addition of Rs.

13,96,500/- be deleted.

3. On the facts and in the circumstances of the case, and in law, the Ld. CIT(A) erred in not deleting the addition of Rs.1,10,75,097/ made by the Ld. AO as appellant's business income. Your appellant, therefore, prays that the aforesaid addition of Rs. 1,10,75,097/- be deleted.

4. Your appellant craves leave to alter, modify, amend or delete any of the above grounds of appeal, or to add one or more new ground(s), as may be necessary.”

2. Briefly stated facts of the case are that the assessee society did not file its return of income for the year under consideration. The Income-tax Department on the basis of the information gathered during the phase of the online verification under(“Operation Clean Money) found that assessee had deposited cash of Rs. 13,96,500/- in its bank account during the demonetization period (09.11.2016 to 30.12.2016) in old currency notes (Rs. 500/- and 1,000/-) notes but had not filed return of income and therefore notice u/s 142(1) of the Act, 1961 (in short „the Act‟) was issued to the assessee on

08.03.2018 calling for filing a true and correct return of income for assessment year under consideration but no compliance was made on the part of the assessee and therefore assessment was completed said u/s 144 of the act on 07.10.2019 assessing the total income at Rs. 1,24,71,597/-. The assessee filed the appeal before the Ld. CIT(A) but no compliance was made on the part of the assessee of the various notice issued by Ld. CIT(A). The Ld. CIT(A) further observed that the assessee was required to file appeal within 30 days of passing of the assessment order but the assessee had filed the appeal on 30.01.2020 i.e. delay of 85 days. Before the Ld. CIT(A) it was submitted that office bearer of the society were illiterate and the turnover of the society was also meager i.e. Rs. 5,002/- only and there was no professional for handling the taxation work. In support of contention an affidavit was filed and it was further submitted that delay was