MOHAMMAD AMIR,BIJNOR vs. ACIT, CIRCLE-2(1)(1), GHAZIABAD

At the time of hearing, the assessee submitted that in this case, the ld. AO as well as the ld. CIT(A) have not provided adequate opportunity of being heard to the assessee and, therefore, so as to explain the case of the assessee before the authorities below, one final opportunity may be afforded.

The ld. Sr. DR, in all fairness, submitted that the Department has no serious objection if the matter is restored to the file of the AO for de novo assessment , after allowing one more opportunity of being heard to the assessee.

On careful consideration of the rival submissions and on perusal of the orders of the AO and the ld.CIT(A), I am of the considered opinion that the assessee has not been provided adequate opportunity of being heard by the AO as well as by the ld.CIT(A). Therefore, the impugned order of the CIT(A) is set aside and the appeal is restored to the file of the AO for framing the assessment de novo, after allowing a final opportunity of being heard to the assessee.

In the result, the appeal filed by the assessee is allowed for statistical purposes only.