SHARDA RANI GUPTA,NEW DELHI vs. ACIT CIRCLE 58(1), VIKAS BHAWAN I P ESTATE NEW DELHI

PER SATBEER SINGH GODARA, J.M:

This assessee’s appeal for assessment year 2017-18 arises against DIN and order no. ITBA/NFAC/S/250/2023-24/1054750474(1), dated 31.07.2023, passed by the learned CIT(A)/National Faceless Appeal Centre (NFAC), Delhi, in 2
proceedings u/s 143(3) of the Income-tax Act, 1961, hereinafter referred to as the “Act”.

Case called twice. None appears at the assessee-appellant’s behest. We accordingly proceeded ex parte against the assessee.
2. Mr. Manish Gupta vehemently argues during the course of hearing that both the lower authorities have rightly added the assessee’s cash deposits during demonetization amounting to Rs. 3,25,01,500/- as unexplained u/s 68 read with Section 115BBE of the Act along with her unsecured loan amounting to Rs. 67.40
lakhs, in assessment order dated 29.12.2019 as upheld in the lower appellate discussion.
3. Faced with this situation, we hereby note that the CIT(A)/NFAC had sought a remand report from the Assessing Officer on 4.7.2023 in light of the assessee’s additional evidence filed; regarding both the above said issues, in the lower appellate proceedings. The same admittedly never saw light of the day which led the CIT(A)/NFAC to reiterate the assessment findings thereby upholding the impugned additions in the assessee’s hands. That being the case, we hereby deem it appropriate in the larger interest of justice to restore the assessee’s instant appeal back to the CIT(A)/NFAC for its afresh appropriate adjudication after ensuring the Assessing Officer’s compliance to his earlier remand report directions in 3
accordance with law preferably within three effective opportunities of hearing. All other issues on legality as well as merits are kept open at this stage.
4. This assessee’s appeal is allowed for statistical purposes.

Order pronounced in open court on 15.07.2025. (S. RIFAUR RAHMAN)
JUDICIAL MEMBER

Dated: 15.07.2025. *MP*