KRISHNA JEWELLERS,NEW DELHI vs. ACIT CIRCLE 51(1), NEW DELHI

The present appeal is filed by the Assessee against the order of the Ld. CIT (A)/ National Faceless Appeal Centre [‘NFAC’ for short] dated 02/11/2023 for Assessment Years 2012-13.

Brief facts of the case are that, an assessment order came to be passed on 22/12/2019 u/s 143(3)/147 of the Income Tax Act, 1961 (‘Act’ for short) by computing the income of the Assessee at Rs. 2,89,14,080/- as against declared income of Rs. 34,93,930/-.

The Ld. Counsel for the Assessee submitted that the Ld. CIT(A) has not adjudicated the grounds of Appeal of the Assessee and dismissed the Appeal in violation of principles of natural justice. Thus, sought for remanding the matter to the file of the Ld. CIT(A) for fresh adjudication.

Per contra, the Department's Representative relying on the orders of the Lower Authorities sought for dismissal of the Appeal.

We have heard both the parties and perused the material available on record. It is seen from the order of the Ld. CIT(A) that the Ld. CIT(A) has issued three notices, however, the Assessee made no submission/response. The Ld. CIT(A) has not adjudicated all the grounds of Appeal of the Assessee. Considering the above facts and circumstances with an intention to render substantial justice, we set aside the order of the Ld. CIT(A) and remand the matter to the file of the Ld. CIT(A) with a direction to decide the Appeal afresh in accordance with law after providing opportunity of being heard to the Assessee.

In the result, the Appeal of the Assessee is partly allowed for statistical purpose.