IMPERIAL EXPORT,NEW DELHI vs. INCOME TAX OFFICER WARD 52(1), DELHI, NEW DELHI

The brief facts of the case are that the assessee firm filed its return of income on 28-03-2018 declaring an income of Rs.14,28,780/-. The case of the assessee was selected under scrutiny. First notice under section 143(3) of the Act was issued on 28-09-2018. In the compliance of the notice the assessee filed the reply. Again, notices on various dated issued to the assessee but no replied was filed by the assessee as per the requirement of the notice. The Assessing Officer completed the assessment under section 143(3) of the Act after making the additions and assessed the total income of the assessee at Rs.54,65,38,900/-. According to Assessing Officer the assessee has failed to provide the details of the creditors and Assessing Officer treated the creditors bogus add the amount in the income of the assessee. The Assessing Officer also held that the assessee has not provided the bills of purchases in the name of Inderpal Singh, bank statement. 3.Aggrieved the order of the ld. AO the assessee preferred the appeal before the Ld. NFAC, who vide his order dated 09-03-2026 dismissed the appeal of the assessee. Being aggrieved the order of the Ld. NFAC the assessee is in appeal before the Tribunal.

We have heard the parties and perused the material available on record. The Ld. AR of the assessee submitted that he has filed the additional evidences during the hearing of appeal on which remand report was called out but the same not submitted by the Assessing Officer and after rejected the application of the additional the appeal was dismissed. It is evident from the order of the Ld. NFAC that remand report was sought from the Assessing Officer but the AO has not furnished the same and appeal was decided as per the material available on record. Per contra the Ld. DR relied the orders of the lower authorities. He submitted that assessee has not furnished the submission before the lower authorities, the appeal was rightly rejected by the Ld. NFAC. 5. Since in the instant case the appeal was decided without admitted the additional evidences by the Ld. NFAC. The assessee also failed to file the documents before the Assessing Officer, therefore, considering the totality of the facts and circumstances of the case and in the interest of justice, we deem it proper to restore the issue to the file of the Ld. Assessing Officer with a direction to grant one final opportunity to the assessee to substantiate its claim and decide the issue as per fact and law. The assessee is also