SURYA VIKAS PLYWOOD LIMITED,NEW DELHI vs. DCIT, CIRCLE-24(2), NEW DELHI

The present appeal is filed by the Assessee against the order of the Commissioner of Income Tax Appeals/National Faceless Appeal Centre [‘Ld. CIT (A)/NFAC’ for short] dated 27/03/2024 pertaining to the Assessment Year 2017-18.

Brief facts of the case are that, an assessment order came to be passed on 30/12/2019 by computing the income of the Assessee at Rs. 3,26,60,412/-, as against the NIL returned income. Aggrieved by the assessment order dated 30/12/2019, the Assessee preferred the Appeal before the Ld. CIT(A). The Ld. CIT(A) vide order dated 27/03/2024, dismissed the Appeal filed by the Assessee. Aggrieved by the order of the Ld. CIT(A), the Assessee preferred the present Appeal.

The Ld. Assessee's Representative appearing for the Assessee, filed application for adjournment. However, considering the issue involved in the present Appeal, we deem it fit to decide the Appeal on hearing the parties and verifying the material available on record.

Heard and perused the material available on record. It can be seen from the order of the Ld. CIT(A), four notices were issued to the Assessee, wherein the Assessee failed to appear before the Ld. CIT(A), thereafter the Ld. CIT(A) dismissed the Appeal ex-parte. However, while deciding the Appeal, the Ld. CIT(A) has not decided all the grounds of Appeal of the Assessee on its merits. Considering the facts that the Assessee has not participated in the first Appellate proceedings and the Appeal has not been decided on its merit, in the interest of natural justice, we remand the matter to the file of the Ld. CIT(A) with a direction to the Ld. CIT(A) to decide the Appeal afresh on merits in accordance with law after providing opportunity of being heard to the Assessee. The Assessee is also directed to co-operate with the appellate proceedings.

In the result, the Appeal of the Assessee is partly allowed for statistical purpose.