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Judgment
This assessee’s appeal for assessment year 2011-12, arises against the Commissioner of Income Tax (Appeals)/National Faceless Appeal Centre [in short, the “CIT(A)/NFAC”], Delhi’s DIN and order no. ITBA/NFAC/S/250/2023-24/1059289652(1), dated 02.01.2024 involving proceedings under section 147 r.w.s. 144 of the Income-tax Act, 1961 (hereinafter referred to as ‘the Act’).
Case called twice. None appears at the assessee’s behest. He is accordingly proceeded ex-parte.
2 For the reasons stated in the assessee’s condonation averments, delay of 656 days in filing of the instant appeal is condoned in light of Collector, Land & Acquisition vs. Mst. Katiji & Others (1987) 167 ITR 471 (SC).
It next transpires from a perusal of the case records with the able assistance coming from the Revenue side that the learned Assessing Officer has very fairly observed in the assessment order herein dated 03.12.2018 that he had set into motion the impugned reopening against the assessee for the purpose of “verification of the source of cash amount deposited in the bank account and for verification of other bank entries”.
This being the clinching factual position, I find no merit in the impugned reopening itself going by PCIT Vs. Manzil Dinesh Kumar Shah (2018) 406 ITR 306 (Guj.) and PCIT Vs. Maheshwari Devi (2023) 454 ITR 755 (Jharkhand). Quashed accordingly.
All other remaining pleadings between the parties on merits stand rendered academic.
This assessee’s appeal is allowed.