AAKEELAH ABDULRAZZAK BALBALE,THANE vs. ACIT, CIRCLE 1, THANE, THANE

PER B.R. BASKARAN, A.M :

The assessee has filed this appeal challenging the order dated
24-10-2024 passed by the Ld CIT(A), NFAC. Delhi and it relates to the Assessment Year (AY.) 2017-18. The assessee is aggrieved by the decision of the Ld CIT(A) in confirming the disallowance of interest expenditure claimed u/s 57(iii) of the Income Tax Act, 1961 („the Act‟).
2. None appeared on behalf of the assessee. We notice that the Ld CIT(A) was also constrained to pass the order ex-parte, since the assessee did not appear before him. However, we notice that the assessee had sought adjournment on the last occasion before the 2
Ld CIT(A), but the first appellate authority proceeded to dispose of the appeal. Accordingly, in the interest of natural justice, we are of the view that the assessee may be provided with one more opportunity to present his case properly before the Ld CIT(A). Accordingly, we set aside the impugned order passed by the Ld CIT(A) and restore all the issues to his file to adjudicate them afresh after affording adequate opportunity of being heard to the assessee. We also direct the assessee to fully co-operate with the Ld CIT(A) for expeditious disposal of the appeal.
3. In the result, the appeal filed by the assessee is treated as allowed.
Order pronounced in the open court on 05-02-2025 [ANIKESH BANERJEE]

[B.R. BASKARAN]
JUDICIAL MEMBER ACCOUNTANT MEMBER

Mumbai,
Dated: 05-02-2025

TNMM

Copy to :
1)
The Appellant
2)
The Respondent
3)
The CIT concerned
4)
The D.R, ITAT, Mumbai
5)
Guard file

By Order

Dy./Asst.