DURGA PROPERTIES,KOLKATA vs. I.T.O., WARD - 46(3),, KOLKATA

This appeal filed by the assessee is directed against the order dated 30.04.25 of the National Faceless Appeal Centre [‘CIT(A)’] passed under Section 250 of the Income-tax Act, 1961 (hereinafter referred to as “the Act”) for the assessment year 2012–13. Brief facts of the case are that in this case, the return of income 2. for the year under consideration was filed declaring a total income of Rs.23,510/-. The Assessing Officer found that the assessee deposited cash amounting to Rs.87,03,000/- in its bank account during the F.Y 2011-12. Subsequently, the case of the assessee was processed u/s 143(1) and thereafter, reopened u/s 147 of the Act. Due to failure to file any documentary evidence by the assessee regarding the said cash deposits in bank, the Assessing Officer held the said cash deposits of Durga Properties Rs.87,03,000/- as undisclosed income of the assessee and added the same to the income of the assessee.

Aggrieved by the said order, the assessee preferred an appeal before the ld. CIT(A) wherein the appeal has been dismissed by passing an ex parte order as there was no compliance on behalf of the assessee.

Aggrieved and dissatisfied, the assessee has come in appeal before us. The ld. AR instead of arguing on merits of the case has only prayed that the appeal of the assessee may be restored to the file of the ld. CIT(A) for fresh consideration by affording opportunity to the assessee of hearing as the order passed by the ld. CIT(A) is an ex parte order and not on the merits and also the assessee failed to prove its case before the ld. CIT(A).

The ld. DR did not raise any objection in remitting the appeal of the assessee to the file of the ld. CIT(A).

After hearing the submissions of the counsels of the respective parties and particularly on perusal of the order of the ld. CIT(A), it appears to us that there was no compliance before the ld. CIT(A) which has resulted into passing the ex-parte order by the ld. CIT(A). The assessee did not file any explanation in order to submit any response to the notices issued and the order of the ld. CIT(A) have not been passed on merits rather passed on technical issue. Under these circumstances, we are inclined to restore the appeal of the assessee to the file of the ld. CIT(A) for fresh consideration after affording opportunity to the assessee of hearing. The assessee is directed to cooperate in the remand proceedings by submitting necessary explanations and evidences to substantiate its claim.