SARASWAT MISHRA, L/H OF BIBHUTI BHUSAN MISHRA,AMALAPADA, ANGUL vs. D.C.I.T, CIRCLE-4(1), BHUBANESWAR

Shri P.R.Mohanty, P.R.Mohanty, ld AR appeared for the assessee and Shri d AR appeared for the assessee and Shri S.C.Mohanty, Ld Sr. DR appeared for the revenue.

It was submitted by ld AR that the assessee expired on 6.9.2020. It was the submission that the addition has been made on the ground that there have been deposits in the bank account to an extent of Rs.2,63,09,500/- . It was the submission that as the assessee had expired, the assessee stood unrepresented before the ld CIT(A). It was the prayer that the LR had been brought on record now. It was the submission that the issues in the appeal may be restored to the file of the AO for issuance of notice to L/R for readjudication and L/R would be in a position to substantive the deposits in the bank.

In reply, ld Sr DR submitted that the L/R should be specifically identified.

We have considered the rival submissions. In the case of the assessee, L/R has been specifically identified as Shri Saraswat Mishra. It is also an accepted fact that the assessee died when the matter was pending before the ld CIT(A). Consequently, all the facts have not been on record Therefore, we restore the matter to the file of the AO for readjudication. The Assessing Officer shall issue fresh notice to the L/R of the assessee and proceed to make the assessment in accordance with law after giving adequate opportunity of hearing to the assessee to substantiate his case.

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