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Judgment
PER MADHUMITA ROY, JM:
The instant appeal filed by the Assessee is directed against the order dated 09.02.2026 of the Ld. Commissioner of Income-tax (Appeals), NFAC, Delhi [hereinafter referred to as the Ld. CIT(A)] under Section 250 of the Income Tax Act, 1961 (hereinafter referred to as ‘the Act’) arising out of the Assessment Order dated 27.12.2019 passed by the ITO, Ward 5(1)91), Gautam Budh Ngar, (hereinafter referred to as ‘the Ld. AO’) under Section 143(3) of the Act for Assessment Year 201-18.
A cash deposit of Rs.58,49,000/- is the subject matter before us the source of which has been duly explained by the assessee before the authorities below. Surprisingly, the order was passed under Section 143(3) of the Act by the Ld. AO instead of under Section 144 of the Act since no compliance was made. Further that no show cause has been issued to the assessee which is an admitted position and which could not be controverted by the Ld. DR. Hence, having regard to the entire aspect of the matter particularly the order having been passed without issuing of show cause is found to be bad in law and, therefore, quashed.
In the result, the appeal filed by the assessee is allowed.