DAULATRAM GOVINDRAM VASWANI,AHMEDABAD vs. ITO, WARD-7(2)(1), AHMEDABAD

The instant appeal filed by the assessee is directed against the order dated 28.01.2019 passed by the Ld. CIT(A)-7, Ahmedabad arising out of the order dated 27.09.2017 passed by the ITO, Ward-7(2)(1), Ahmedabad under Section 144 r.w.s. 147 of the Income Tax Act, 1961 (hereinafter referred as to “the Act”) for A.Y. 2010- 11.

We have heard the Ld. DR. None appeared on behalf of the assessee we have also perused the relevant materials available on record.

It appears that before the Ld. AO the assessee has not complied in spite of being served with number of notices. A show cause notice was issued on 09.08.2017 for levy penalty under Section 271(1)(b) of the Act. Fact of the issue is this that the assessee has deposited cash amount of Rs. 13,59,378/- in his bank account which was - 2 - Daulatram Govindram Vaswani vs. ITO A.Y. 2010-11 treated as unexplained income of the assessee under Section 69 of the Act which was, in turn, confirmed by the Ld. CIT(A). Penalty proceeding under Section 271(1)(c) was, therefore, initiated separately for furnishing inaccurate particulars of income or concealing particulars of income.

When the matter was taken up by us none appeared on behalf of the assessee, neither any adjournment was sought for. However, taking into consideration the entirety of the fact and the orders passed by the authorities below under Section 144 of the Act we find that the assessee needs to be given a further opportunity of being heard to represent his case and, hence, we set aside the issue to the file of the Ld. AO to consider the same afresh upon giving an opportunity of being heard to the assessee and upon considering the evidence which the assessee may choose to file at the time of hearing of the matter. Assessee’s appeal is, thus, allowed for statistical purpose.

In the result, the appeal filed by the assessee is allowed for statistical purposes. This Order pronounced in Open Court on 29/10/2021