M/S. KISHAN KUMAR KANDOI HUF,KOLKATA vs. ITO, WARD 44(2), , KOLKATA
The present appeal filed by the assessee arises from order dated
15.12.2023 passed u/s 250 of the Income Tax Act, 1961 (hereafter “the Act”) by the Ld. Commissioner of Income Tax (Appeals)- National Faceless
Appeal Centre (NFAC), Delhi [hereafter “the Ld. CIT(A)].
2. At the outset, we note that the appeal of the assessee is barred by limitation by 431 days. At the time of hearing the counsel of the assessee explained the reasons for delay in filing the appeal. The Ld. D.R did not raise any objection in condoning the delay. After hearing the rival contentions and perusing the materials available on record, we find that the delay is for bonafide and genuine reason, hence, we condone the delay and adjudicate the appeal in the following paras.
2
M/s Kishan Kumar Kandoi HUF
At the outset, the Ld. Counsel for the assessee brought to our attention the observations of the AO in assessment order at page 16 para 1 wherein the AO relied on the statement of the Directors of the allottees Companies without confronting the same to the assessee. Accordingly, we restore the issue back to the file of AO with a direction to decide the issue afresh after providing the assessee statement of the Directors of the allottees. Accordingly, appeal is set aside to the file of AO with a direction to decide the same after affording a reasonable opportunity of being heard to the assessee. 4. In result, appeal of the assessee is allowed for statistical purposes. Order pronounced on 19.12.2025. (Rajesh Kumar) Accountant Member Dated: 19.12.2025 AK, Sr.P.S.
Copy of the order forwarded to:
1. Appellant
2. Respondent
3. Pr. CIT
4. CIT(A)
CIT(DR)
////
By order