ANSAR AHMED KHAN, HYDERABAD,HYDERABAD vs. ITO, WARD-4(2), HYDERABAD, HYDERABAD

At the time of hearing, it is noticed that none appeared on behalf of the assessee before the AO during the proceedings u/s 154 of the Act or during the assessment proceedings u/s 144 r.w.s 147 of the Act. Even before the CIT(A), none appeared for the :- 2 -: Ansar Ahmed Khan, Hyd.

Before us, the ld. counsel for the assessee submitted that due to unavoidable circumstances, the assessee could not appear before the AO and, therefore, he prayed for an opportunity to present his case before the AO.

The ld. DR was also heard, who opposed the remand of the issue to the AO.

Having regard to the rival contentions and the material on record, we find that the AO has brought the short-term capital gains and unexplained investments to tax and during 154 proceedings, further addition of Rs. 37,82,500/- was made towards the difference amount of unexplained investment. Since the assessee did not appear before the AO and CIT(A), exparte orders have been passed by the lower authorities. In order to give an opportunity to the assessee to present his case before the lower authorities and in the interest of justice, we deem it fit and proper to remand the issue to the file of AO for denovo assessment in accordance with law. Needless to mention that the assessee shall be given fair opportunity of hearing and the :- 3 -: Ansar Ahmed Khan, Hyd.