BANGALORE MANAGEMENT ASSOCIATION,BANGALORE vs. INCOME-TAX OFFICER (EXEMPTIONS), WARD-1, BANGALORE
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Income Tax Appellate Tribunal, “C” BENCH : BANGALORE
Before: SMT. BEENA PILLIA, JUDIIAL MEMBER & SHRI LAXMI PRASAD SAHU
Per Laxmi Prasad Sahu, Accountant Member This appeal by the assessee is against DIN & Order No.ITBA/NFAC/S/250/2023-24/1054151707(1) dated 05.07.2023 of the CIT(Appeals), National Faceless Appeal Centre, Delhi [NFAC] for the AY 2016-17.
The sole issue raised in this appeal by the assessee during the course of argument is that the CIT(Appeals) has not accepted the
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documents filed by it and no notice was served to the assessee before passing the order. He submitted that the assessment was completed u/s 144 of the Act and also filed a paperbook containing pages 1 to 61 filed before the CIT(A)/AO and submitted that the CIT(Appeals) has ignored the same and passed the ex parte order without considering the submissions of the assessee. Therefore the ld. AR requested that a chance should be given to the assessee for representing its case before the Assessing Officer on the addition made of Rs.1,22,59,028.
The ld. DR strongly objected to the request of the assessee and relied on the orders of lower authorities. He submitted that both the authorities gave sufficient opportunity to the assessee, however, the assessee did not represent which is clear from their orders and notices were sent @ e-mail address provided by the assessee.
Considering the rival submissions, we note that the case was selected for scrutiny under CASS and statutory notices were issued to the assessee. The assessee did not represent before the AO, therefore the AO made addition to the gross receipts of Rs.1,22,59,028 in the assessment u/s. 144 of the Act. Before the CIT(Appeals), the assessee submitted documents at Sl.No.1 to 5 of the PB, however, the CIT(Appeals) has not considered the same. Considering the present facts of the case and in the interest of justice, we think it fit to send the matter back to the Assessing Officer for de novo assessment. Accordingly, the AO is directed to give reasonable opportunity of being heard to the assessee and decide the issue as per law. The
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assessee is directed to file necessary documents for substantiating its case and not seek unnecessary adjournment for early disposal of the case. It is also directed that the assessee furnish the correct address / email address to the AO.
In the result, the appeal is allowed for statistical purposes.
Pronounced in the open court on this 10th day of October, 2023. Sd/- Sd/- ( BEENA PILLAI ) (LAXMI PRASAD SAHU ) JUDICIAL MEMBER ACCOUNTANT MEMBER
Bangalore, Dated, the 10th October, 2023. /Desai S Murthy / Copy to: 1. Appellant 2. Respondent 3. CIT 4. CIT(A) 5. DR, ITAT, Bangalore. By order
Assistant Registrar ITAT, Bangalore.
