P.MANGATRAM JEWELLERS PRIVATE LIMITED ,HYDERABAD vs. DY. COMMISSIONER OF INCOME TAX , CIRCLE-16(2), HYDERABAD

At the outset, it is seen that the order of the CIT (A) is ex-parte the assessee and there is no discussion on merits.

In the assessment order, the Assessing Officer has made an addition of 8,61,824/- towards bogus purchases and the assessee had filed an appeal before the CIT (A) stating that the purchase vouchers along with Bank statement and copy of the return were produced by the assessee before the Assessing Officer, but the assessee was not given an opportunity to cross examine the party on whose statement, the Assessing Officer has placed reliance upon to hold the purchases to be bogus.

Since the CIT (A) has not decided the appeal on merits, only in the interest of justice, we deem it fit and proper to remand the issue to the file of the CIT (A) with a direction to consider the issue afresh after giving the assessee a fair opportunity of hearing.

In the result, assessee’s appeal is treated as allowed for statistical purposes. Order pronounced in the Open Court on 5th May, 2021.