BARARANKUA SAMABAY KRISHI UNNAYAN SAMITY LTD.,PURBA MEDINIPUR vs. I.T.O., WARD - 38(1), KOLKATA, PASCHIM MEDNIPUR

Brief facts of the case of the assessee is that the assessee has deposited cash of Rs. 1,91,88,060/- maintained with Balageria Central Co-operative Bank ltd. and made withdrawal of Rs. 2,96,22,482/- in cash from bank account maintained with Tamluk Ghatal Central Co-operative Bank Ltd. After obtaining the necessary approval of competent authority, notice u/s 148 issued to the assessee on 28.03.2022 and the assessee was requested to file his income tax return within 30 days. The assessee has not filed income tax return for AY 2018-19 neither voluntary u/s 139(1) nor in response to notice u/s 148. Further letter dated 10.11.2022 as per AU-1 and letter from NAFAC dated 25.01.2023 also issued requesting response from the assessee but the assessee has failed to submit the reply of those notices.

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

The Ld. A.R instead of arguing into the merit of the case has only prayed that the appeal of the assessee be remitted back to the file of AO for fresh consideration as the order passed by both the lower authorities are an ex-parte order. The prayer of the assessee is that the assessee has to give an opportunity for the interest of justice.

The Ld. D.R did not raise any objection in remitting the appeal back to the file of AO .

Upon hearing the submission of the counsel of the respective parties, we have perused the order passed by the lower authorities and find that the assessment as well as order of Ld. CIT(A) was passed an ex-parte order. The AO has clearly held that since there was no compliance on behalf of the assessee, the assessment was done on the basis of material available on record. Before us the prayer of the assessee is to remit the appeal back to the file of AO for fresh consideration by affording an opportunity to the assessee. Considering the submission made by the assessee, going over the order passed by the Assessment Year: 2018-19 Bararankua Samabay Krishi Unnayan Samity Ltd. lower authorities for the interest of justice, we are inclined to restore the appeal of the assessee before the AO.