SRI AMMAN CARS INDIA PRIVATE LIMITED,SALEM vs. ACIT CIRCLE 1(1), SALEM

Aforesaid appeal by assessee for Assessment Year (AY) 2017-18 arises out of the order of learned Commissioner of Income Tax (Appeals), National Faceless Appeal Centre (NFAC), Delhi [CIT(A)] dated 05-08-2022 in the matter of an assessment framed by Ld. Assessing Officer [AO] u/s. 143(3) of the Act on 29-12-2019. Upon perusal of impugned order, it could be seen that the assessee failed to make any representation during appellate proceedings which led to confirmation of assessment order. The prime argument of Ld. AR is to restore the matter back to the file of Ld. AO for de novo assessment.

The Registry has noted the delay of 104 days in the appeal, the condonation of which has been sought by the assessee on the strength of affidavit of the managing director of the assessee company. The Ld. DR has opposed the condonation of delay. However, keeping in view the period of delay and contents of the affidavit, we condone the delay and admit the appeal for adjudication on merits. 3. Since the impugned order is an ex parte order and the assessee could not substantiate its claim during assessment proceedings also, we set aside the impugned order and direct Ld. AO make fresh assessment after affording reasonable opportunity of hearing to the assessee. The assessee is directed to file the requisite details forthwith so as to enable early completion of assessment proceedings. 4. The appeal stands allowed for statistical purposes. Order pronounced on 26th June, 2023.