STAR TEX,TIRUPUR vs. ITO , WARD-1(2), TIRUPUR

We have considered the rival submissions. On the issue of condonation of delay, we find that the assessee submitted in its affidavit and due to death of partners of the assessee firm, delay was occurred in filing the appeal. The delay was no inordinate, thus, we condone the delay of 154 days in filing this appeal before the Tribunal and admit the same for hearing.

On merit of the case, the ld. AR of the assessee submitted that the Assessing Officer passed assessment order under Section 147 r.w.s. 144 r.w.s 144B of the Income Tax Act, 1961 (in short, the Act) by not providing reasonable opportunity of being heard to the assessee. The Assessing Officer made addition under Section 69A amounting to Rs. 1,36,42,687/-. On appeal before the ld. CIT(A), the ld. CIT(A) also not provided reasonable and adequate opportunity of hearing to the assessee and passed the impugned order ex parte. The ld. AR prayed to restore the matter back to the file of ld. CIT(A) for deciding the same afresh after providing a reasonable and effective opportunity of hearing to the assessee.

On the other hand, the ld. Sr.DR for the revenue has vehemently supported the orders of the lower authorities and submitted that the assessee has not appeared nor filed any submissions before both the lower authorities, hence, the assessee does not deserve any leniency at this stage.

We have considered the rival submissions and perused the material available on record. We find that the Assessing Officer has passed assessment order on 14/02/2024 by making addition of Rs. 1,36,42,687/- made under Section 69A of the Act. The ld. CIT(A) also dismissed the appeal by passing ex parte order.

Before us, the ld. AR of the assessee prayed to restore the matter back to the file of ld. CIT(A), therefore, considering the prayer of the assessee and in the interest of justice, we restore the issue back to the file of ld. CIT(A) for fresh adjudication with the undertaking of the ld.AR of the assessee that they will make necessary compliance before the ld. CIT(A) and provide all necessary documents to substantiate the transactions on record. Before deciding the issue, the assessee shall provide reasonable and adequate opportunity of hearing. In the result, the grounds of appeal raised by the assessee are allowed for statistical purposes only.

In the result, this appeal of assessee is allowed for statistical purposes.