SUBASH CHANDRA SETHY,KENDRAPARA vs. ITO, WARD- KENDRAPARA, AT- DUHURIA BAZAR, KENDRAPARA

This is an appeal filed by the assessee against the order of the ld This is an appeal filed by the assessee against the order of the ld This is an appeal filed by the assessee against the order of the ld CIT(A), CIT(A), NFAC, NFAC, Delhi Delhi dated dated 7.11.2023 in in Appeal Appeal No. No.CIT(A), Cuttack/10913/2019 Cuttack/10913/2019-20 relating to the assessment year assessment year 2017-18.

Although Although a number of grounds have been raised, however these e been raised, however these all relate to the exparte order of the ld CIT(A) in confirming the various exparte order of the ld CIT(A) in confirming the various

None appeared on behalf of the assessee. Therefore, we proceed to decide the appeal on the basis of materials available on record and after hearing ld Sr DR.

Brief facts of the case are that the assessee is an individual and deals in sale of petrol, diesel & lubricant and running a petrol pump under the name & style of M/s. Radraya Filling Station at Pandiri, Kendrapara. He filed his return of income on 11.12.2017 declaring total income at Rs.6,51,500/-. The Assessing Officer completed the assessment u/s.143(3) of the Act on 29.12.2019 assessing the total income at Rs.67,62,707/-, inter alia, making the following additions: 1) Suppression of purchase ; Rs. 13,217/- 2) Difference of gross profit : Rs.24,50,565/- 3) Creditors liability u/s.69B : Rs.35,65,923/- 4) Unexplained cash deposit (SBN) : Rs. 81,500/-

Since the assessee did not make any submission before the ld CIT(A), NFAC despite number of opportunities granted, the ld CIT(A), NFAC dismissed the appeal filed by the assessee.

Aggrieved with such order of ld CIT(A), NFAC, the assessee is in appeal before the Tribunal. 7. We have considered the submission of ld Sr DR and perused the material available on record. It is an admitted fact that despite number of opportunities granted by the ld CIT(A), NFAC, the assessee did not file any P a g e 2 | 4 submissions for which, ld CIT(A), NFAC sustained the various additions made by the Assessing officer. As per the grounds of appeal, it is the contention of the assessee that the Assessing officer has adopted gross profit @ 3.99% without giving any comparable cases. We find ld CIT(A), NFAC while deciding the issue has also not given any comparable case as to how and why such huge profit margin has to be applied. Therefore, considering the totality of the facts of the case and in the interest of justice, we deem it fit and proper to restore the issue back to the file of the Assessing officer with the direction to give one more opportunity to the assessee to substantiate his case and decide the issue as per fact and law. We hold and direct accordingly. The grounds raised by the assessee are accordingly allowed for statistical purposes.

In the result, appeal of the assessee stands partly allowed for statistical purposes..