ANKUR KUMAR AGRAWAL,NAGPUR vs. ITO WARD 4(4), NAGPUR

At the threshold, learned counsel for the assessee fairly admitted that due to non-compliance before the Ld.CIT(A), appeal of the assessee has been dismissed. Prayer is made to afford one more opportunity to appear before the Ld.CIT(A). Ld. DR did not raise any serious objection to the innocuous prayer made by the learned counsel for the assessee and in all humility submitted that the request may be acceded to. 4. We have heard the rival submissions and perused the material available on record. Considering the prayer made by the learned counsel for the assessee and further observing that the order passed by the Ld. CIT(A) is an ex parte order, as evident from para 5.7 of the impugned order, owing to the non- participation of the assessee on the dates fixed for hearing on multiple occasions, we find it appropriate to grant one more opportunity to the assessee to prosecute his case effectively before the Ld. CIT(A). We further observe that the assessee is an individual and that the assessment for A.Y. 2022-23 was completed under section 144, wherein additions of Rs.17,56,78,631/- on account of bogus purchases, Rs.16,17,83,656/- on account of unexplained high liabilities reflected in the balance sheet, and Rs.2,19,34,500/- on account of unexplained cash withdrawals from bank account were made by the Ld.AO. Thus, returned income of Rs. 17.46 Lacs was aggravated to Rs. 36.11 crores. The assessee furnished ITR, computation of income, audited balance sheet, audited profit and loss account, and schedules forming part of Audit Report in Form No. 3CB at the time of adjudication; however, the same were bereft of any detailed explanatory information. Considering the humongous quantum of the additions involved and in the interest of substantial justice, we deem it fit expedient to restore the matter to the file of Ld. CIT(A) for fresh adjudication. Accordingly, all the grounds raised by the assessee in the present appeal are restored to the file of the Ld. CIT(A) for adjudication afresh by way of a reasoned and speaking order in accordance with the provisions of section 250(6) of the Act. If so deemed expedient, he may seek a remand report from the Ld. AO. Needless to mention, the Ld. CIT(A) shall afford adequate and reasonable opportunity of being heard to the assessee before passing the order. The assessee is also directed to remain vigilant in the appellate proceedings, avoid seeking unnecessary adjournments except for reasonable cause, and diligently furnish all details and evidences as may be called for by the Ld. CIT(A) and shall avoid any recalcitrant or remiss conduct during the course of appellate proceedings. Consequently, the impugned order is set aside and the effective grounds raised by the assessee are treated as allowed for statistical purposes. 5. In the result, appeal of the Assessee is allowed for statistical purposes.