LOPAMUDRA KUNDU,KOLKATA vs. NFAC, DELHI

Brief facts of the case of the assessee are that the assessee filed return of income for the AY 2014-15 declaring total income of Rs. 1,64,660/-, An information received Assessment Year: 2014-15 Lopamudra Kundu from ITO(Investigation) that a land measuring 69.04166 Cottah was sold and transferred by Shri Himansu Kundu. Further information received that it was purchased by M/s Satyanarayan Commsal Pvt. Ltd. and three other confirming parties was also involved in this transfer process. Based on this information, the case was reopened, notice u/s 148 was duly served, there was no response and there was non-compliance to the notice u/s 142(1) of the Act. The AO in its order has further held that the assessee did not furnish any basic information, as a result of which, AO added Rs. 12,93,91,136/- by way of long-term capital gain and brought to tax in the hands of the assessee.

The said order has been challenged by the assessee before the Ld. CIT(A) wherein the appeal of the assessee has been dismissed for want of prosecution.

The Ld. Counsel appeared on behalf of the assessee instead of arguing into the merit of the case has submitted that the assessee should have given an opportunity to place her case before the AO as due to some unavoidable circumstances, the assessee could not be able to place all the documents before the AO as well as the Ld. CIT(A).

Contrary to that, the Ld. D.R supports the impugned order.

Upon hearing the submission of the counsel of the respective party, we have perused the order passed by the AO as well as Ld. CIT(A). On perusal of the same, it appears that before the AO there was no compliance on behalf of the assessee to the notices issued as well as show cause notice issued by the Department. The Order was passed behind the back of the assessee based on the information received from Investigation Wing. Before the Ld. CIT(A) also the order was passed not on merit rather dismissed for want of prosecution.

Going over, the order passed as well as submission made by the assessee, we are inclined to afford an opportunity to the assessee to place her case before the AO. Accordingly, the order passed by the AO confirmed by the Ld. CIT(A) is hereby set