THR TRICHIRAPALLI DISTRICT AMARATHY CONSUMERS CO-OPERATIVE STORE LTD,TRICHY TRICHIRAPALLI vs. DCIT, CIRCLE 1(1), TRICHY, TRICHY, TIRUCHIRAPPALLI

The Ld. AR during the hearing of the appeal prayed to the Bench that the matter should be remanded to the Ld. Assessing Officer [AO] so that the assessee can present necessary audit report and other relevant materials before the Ld. AO in order to substantiate his case.

We observe that, the lower authorities have decided the case against the assessee as the assessee could not file audit report and other relevant materials before the Ld. AO as well as before the Ld. CIT(A). Therefore, the disposal of the case by the lower authorities were without consideration of the relevant materials. Secondly, the Ld. DR also has no objection in case of remanding the case to the Ld. AO before whom the assessee can substantiate his claims. Accordingly, in the interest of justice, we remand the matter back to the Ld. AO for passing of a de-novo assessment order. Meanwhile, we set aside the orders passed by the Ld. AO dated 31-12-2019 as well as order of the Ld. CIT(A), National Faceless Appeal Centre, Delhi dated 07-12-2023 respectively. At the same time, we direct the assessee to substantiate his claims before the Ld. AO.