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Judgment
O R D E R
PER ANUBHAV SHARMA, JM:
This appeal is preferred by the assessee against the order dated 18.11.2024 of the Ld. National Faceless Appeal Centre (in short ‘NFAC’) Delhi (hereinafter referred to as the First Appellate Authority or ‘the ld. FAA’ for short) DIN & Order No: ITBA/NFAC/S/250/2024-25/1070426364(1) arising out of the assessment order dated 23.01.2020 u/s 154 r.w.s 144 of the Income Tax Act, 1961 (hereinafter referred to as ‘the Act’) passed by ACIT, Circle 45(1), Delhi for AY: 2017-18.
At the time of hearing it was pointed out that there is a delay of 65 days in filing the appeal and ld. Counsel has pointed out that application for condonation of delay has been filed wherein reasons cited is that there was delay on the part of professional who was engaged to file the appeal and he was overloaded with other tax related matter, appeal filing was delayed. Considering the delay is not of substantial period the application is allowed and the appeal is admitted for hearing.
Further on hearing both sides we find that issue involved is of addition on account of cash deposit in demonetization period and the assessment was completed u/s 144 of the Act. Ld. CIT(A) has set aside the order to the files of assessing officer for fresh determination of the issue, in the light of amended provisions to Section 251 by which proviso to section 251 (1) was inserted w.e.f 1.10.2024 by the Finance Act,2024.
Considering the factual aspects involved we find no error in the assumption of powers to set aside the issue for fresh adjudication by the assessing officer. The grounds thus have no substance, to that extent and the appeal is dismissed.