M/S. EMGEE ENGINEERING AND CONSTRUCTION PVT LTD,CHENNAI vs. DCIT,CC2(1), CHENNAI

Upon perusal of assessment orders for AYs 2013-14 & 2014-15, it could be seen that the assessee was saddled with disallowance u/s 40(a)(ia) which formed subject matter of appeal before learned first appellate authority. In AY 2015-16, the books were rejected and the income was assessed @8%. Though the assessee filed further appeals, however, none appeared for assessee despite being provided with various opportunities of hearing as noted in the impugned orders. Accordingly, the assessment was upheld. Aggrieved, the assessee is in further appeal before us.

Though we concur with the submissions of Ld. Sr. DR that the assessee has remained negligent in attending the appellate proceedings, however, keeping in mind the principle of natural justice, we deem it fit to provide another opportunity of hearing to the assessee. Accordingly, the impugned orders, for all the years, are set-aside and the issue of assessments is restored back to the file of learned Assessing Officer for denovo assessment in view of the fact that the issues involve reconciliation & production of books etc. The assessee is directed to attend assessment proceedings sand substantiate its case failing which Ld. AO shall be at liberty to proceed for assessment on the basis of material on record. .

All the appeals stands allowed for statistical purposes. Order pronounced on 21st March, 2022. Sd/- Sd/- (MAHAVIR SINGH) (MANOJ KUMAR AGGARWAL) उपा34 /VICE PRESIDENT लेखा सद< / ACCOUNTANT MEMBER ITA Nos.894, 895 & 896/Chny/2020 - 3 - चे*ई / Chennai; िदनांक / Dated : 21-03-2022 EDN/- आदेश की Xितिलिप अ9ेिषत/Copy of the Order forwarded to : 1. अपीलाथ�/Appellant 2. ��यथ�/Respondent 3. आयकर आयु� (अपील)/CIT(A) 4. आयकर आयु�/CIT 5. िवभागीय �ितिनिध/DR 6. गाड� फाईल/GF