BHOOMI MANAS BHATT,AHMEDABAD vs. THE ITO, WARD-3(3)(1), AHMEDABAD

O R D E R

PER SHRI NARENDRA PRASAD SINHA, AM:

2. Whether, on facts and in circumstances of the case and in law, Ld. CIT(A) has erred in confirming the addition of unexplained investment in immovable property amounting to Rs.41,12,500/- u/s. 69C of the Act? Further, appellant craves leave to add, amend, alter or withdraw all or any ground of appeal.

5. We have the Ld. AR as well as the Ld. Sr. DR. Shri Maulik Kansara, Ld. AR of the assessee submitted that certain informations are being collected about actual payment made by the assessee for the purchase of immovable property, for which he sought adjournment. It was noticed that the appeal was dismissed by the Ld. CIT(A) for the reason that no compliance was made before him in spite of three opportunities provided by him. The assessee has not explained the reason for non-compliance before the Ld. CIT(A). As the assessee wants to furnish certain additional evidences in respect of source of unexplained investments in the immovable property as well as source of cash deposits in the bank account and the matter was not adjudicated by the Ld. CIT(A) on merits, we deem it proper to set aside the matter to the file of the Ld. CIT(A) with a direction to allow one more opportunity to the assessee to make compliance and furnish the evidences in support of the grounds as taken before him. Therefore, the adjournment application of the assessee was rejected and the matter was heard. The Ld. Sr. DR also had no objection if the matter was set aside to the Ld. CIT(A) for allowing another opportunity to the assessee.

6. The assessee has not explained the reason for non-compliance before the Ld. CIT(A). Therefore, we deem it appropriate to impose a cost of Rs.10,000/- on the assessee which should be deposited to (Assessment Year: 2015-16) Bhoomi Manas Bhatt vs ITO Page 4 of 4 the Prime Minister’s National Relief Fund within a period of 15 days from the date of receipt of this order. Subject to payment of cost, the Ld. CIT(A) is directed to allow another opportunity of being heard to the assessee. The assessee is also directed to make compliance before the Ld. CIT(A) in the course of set aside proceeding and respond to his notices and directions. The assessee will be free to file additional evidences in support of the grounds taken and the Ld. CIT(A) may call for remand report on the same from the Assessing Officer, if found necessary. In case the assessee does not make compliance in the set aside proceedings, the Ld. CIT(A) will be at liberty to decide the matter on merits on the basis of the facts and materials available on record.