RAJENDRAN VIJAYABASKAR,CHENNAI vs. ASSESSING OFFICER, CHENNAI

This is an appeal preferred by the assessee against the order of the Learned Commissioner of Income Tax (Appeals)/NFAC, (hereinafter referred to as “the Ld.CIT(A)”), Delhi, dated 19.12.2024 for the Assessment Year (hereinafter referred to as "AY”) 2014-15.

At the outset, it is noted that there is few days delay in filing of appeal and having gone through the application for condonation of delay, we find that the reasons given in the application are excusable and therefore, we condone the delay and proceed to adjudicate the appeal on its merits.

At the outset, the Ld.DR brought to our notice that the assessee didn’t appear before the Ld.CIT(A) as well as before the AO; and he was also a non-filer of return u/s.139 of the Income Tax Act, 1961 (hereinafter referred to as ‘the Act‘) for AY 2014-15. According to the Ld.DR, the Ld.CIT(A) had issued six (6) notices to the assessee but he responded only to the last notice by submitting that ‘he is submitting all the relevant proof and would submit further information/clarification if required’. According to the Ld.DR, the Ld.CIT(A) has noted that there were no relevant documents uploaded by the assessee for explaining the addition of Rs.2 Crs. & Rs.32,75,940/- made by the AO u/s.69C/69AC respectively. Therefore, the Ld.CIT(A) had no other alternative but to confirm the addition. The Ld.DR submitted that since the assessee didn’t file any relevant documents to dislodge the additions made by the AO/Ld.CIT(A), the additions may be sustained.

Having heard the Ld.DR and after perusing the records, we note that the assessee is engaged in trading business relating to ‘Kids Clothing’ and didn’t file any return despite issue of notice u/s.148 of the Act on the specious plea that the portal didn’t permit him to file the same. The AO is noted to have passed an ex parte order qua assessee, which has been confirmed by the Ld.CIT(A), wherein, the additions made u/s.69C of the Act to the tune of Rs.2 Crs. and u/s.69A of the Act to the tune of Rs.32,75,940/- has been confirmed. Since the assessment order as well as the first appellate order are ex parte orders, in the interest of justice and fair play, we set aside the impugned order of the Ld.CIT(A) and restore the assessment back to the file of the AO for de novo adjudication. The assessee is directed to be diligent and file relevant documents to substantiate his defense against the addition and pass fresh assessment order after hearing the assessee in accordance to law.