J. N. CHANDRASHEKAR Vs. INCOME TAX OFFICER, MADIKERI

JUDGEMENT

(1.) This appeal under Section 260-A of the Income Tax Act, 1961 (hereinafter referred to as 'the Act', for short) has been filed by the assessee. The subject matter of the appeal pertains to the Assessment Years 2007-08 and 2008-09. The appeal was admitted by a Bench of this Court vide order dated 07.11.2017 on the following substantial questions of law:

(2.) Facts leading to filing of this appeal briefly stated are that the appellant is an agriculturist and is also a coffee commission agent. The assessee filed his return of income for the Assessment Years 2007-08 and 2008-09 declaring the total income of Rs.1,67,206/- and Rs.1,46,211/-, respectively. The return of income for the Assessment Year 2008-09 was processed. However, subsequently, the return was selected for scrutiny and notices under Section 143(1) of the Act were issued calling for the records. The assessee filed the records before the Assessing Officer. The Assessing Officer, on scrutiny of books of accounts, made additions of cash deposits in savings bank accounts on the ground that the cash deposits constituted income of the assessee. The Assessing Officer, by an order dated 31.12.2010, completed the assessment for the Assessment Years in question by making additions of Rs.13,23,754/-.

(3.) Thereupon, the assessee filed an appeal before the Commissioner of Income Tax (Appeals), who by an order dated 09.03.2015, partly allowed the appeal. The assessee thereupon filed an appeal before the Income Tax Appellate Tribunal (hereinafter referred to as 'the Tribunal' for short) on 22.04.2016 along with an application for condonation of delay. The condonation of delay of 338 days was sought on the ground that the assessee's son was appearing for the board exams and the assessee was required to stay at Hassan to facilitate the studies of his son and therefore, he could not seek professional advice in time, with regard to the course of action which was to be taken in the light of the order passed by the Commissioner of Income Tax (Appeals). The Tribunal, by an order dated 31.08.2016, dismissed the application for condonation of delay preferred by the assessee on the ground that the assessee has failed to establish sufficient cause for condonation of delay. In the result, the appeal preferred by the assessee was also dismissed. In the aforesaid factual background, the revenue has approached this Court.