REGAL SALES CORPORATION,MUMBAI vs. ITO-19(3)(1), MUMBAI

The present appeal has been filed by the assessee challenging the impugned order dt. 25.03.2023 passed u/s 250 of the Income Tax Act, 1961 (‘the Act’), by the National Faceless Appeal Centre, Delhi (NFAC) for the assessment year 2012-13.

At the very outset, I noticed that Ld. AR submitted that the documents submitted by the assessee before the AO and Ld. CIT(A) have not been looked into at all and additions have been made in respect of non-genuine purchases, without mentioning under which provisions of Income Tax Act, the said additions have been made and 2 Regal Sales Corporation, Mumbai had been upheld. It was also submitted that the decision of the Coordinate Bench of ITAT in assessee’s own case for the A.Y 2009-10 dated 24.10.2019 has also not been considered which is on identical facts.

On the contrary, Ld. DR relied upon the orders passed by the revenue authorities and submitted that the decision of Coordinate Bench of ITAT in assessee’s own case for A.Y 2009-10 was not placed before the revenue authorities, therefore the same was not considered.

Be that as it may, without going into the merits of the issues I restore the matter back to the file of AO with a direction to consider the documents filed by the assessee and also the decision of the Coordinate Bench of ITAT in assessee’s own case and therefore to pass afresh order after providing opportunity of hearing to the assessee. The assessee shall not seek any adjournment on frivolous grounds and shall remain cooperative during the course of proceedings.

Before parting, I make it clear that our decision to restore the matter back to the file of the AO shall in no way be construed as having any reflection or expression on the merits of the dispute, which shall be adjudicated by the Ld. AO independently in accordance with law.

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