Loading judgment…
No AI summary yet for this case.
Income Tax Appellate Tribunal, ‘G‘ BENCH
Before: SHRI B.R.BASKARAN & SHRI RAHUL CHAUDHARYShri Satish R Chanda
आदेश / O R D E R PER B.R. BASKARAN (A.M):
The assessee has filed this appeal challenging the order dated 18/10/2019 passed by ld. CIT(A)-26, Mumbai and it relates to A.Y.2011- 12.
The grounds of appeal urged by the assessee give rise to the following issues:-
Shri Satish R Chanda A) Addition of Rs.36.06 Lakhs on account of unexplained deposit made into bank account. B) Cost of acquisition for computing capital gain on sale of Shop No.5, Ground Floor, Nirman CHS, Plot No.8, Sector-13, Khanda Colony, New Panvel. C) Addition of capital gain on sale of Shop No.01, Sidheshwar CHS, Plot No.105, Sector-2, Koperkhairne. D) Addition of notional rent
The facts related to the case are stated in brief. The assessee is an individual and he filed return of income for the year under consideration declaring total income of Rs.14.76 lakhs. The Assessing Officer took up the return of income for scrutiny. The assessee did not respond to various queries raised by the Assessing Officer and hence, the Assessing Officer completed the assessment by making various additions mentioned above. The ld. CIT(A) confirmed all the additions and hence, the assessee has filed its appeal before this Tribunal.
At the outset, the ld. AR submitted that the assessee could not properly represent this case before the tax authorities. Hence, the Assessing Officer has made various additions to the best of his judgement. Even though the assessee filed certain explanations before ld. CIT(A) and not full information, yet they have not been properly appreciated the first appellate authority. The ld. AR further submitted that the assessee has now brought in all the evidences in support of the various queries raised by the Assessing Officer. Accordingly, she prayed that the assessee may be provided with one more opportunity to present his case properly before the Assessing Officer.
Shri Satish R Chanda 5. We have heard ld. DR and perused the record. As noticed herein, the assessee did not cooperate with the Assessing Officer, and hence, the Assessing Officer was constrained to pass the order by making various additions on the basis of materials available on record. The ld. CIT(A) has also confirmed the additions as according to ld. AR, required information was not fully furnished before ld. CIT(A). Under the set of facts, in the interest of natural justice, we are of the view that assessee may be provided with one more opportunity to present his case properly. Accordingly, we set aside the order passed by ld.CIT(A) and restore all the issues to the file of Assessing Officer for examining them afresh. Assessee is also directed to fully co-operate with the Assessing Officer. After hearing the assessee, the Assessing officer may take appropriate decision in accordance with the law.
In the result, appeal filed by the assessee is treated as allowed for statistical purposes.
Order pronounced on 26/12/2022 by way of proper mentioning in the notice board.