Facts
The assessee filed an appeal against the order of the Ld. CIT(A) who confirmed the addition of Rs.35,03,698/- made by the AO for bogus profit. The assessee had failed to comply with notices from the AO and CIT(A).
Held
The Tribunal found that the assessee had not complied with notices issued by the authorities. In the interest of justice, the matter was remanded to the Assessing Officer for de-novo assessment with a cost of Rs. 3000/-.
Key Issues
Whether the appeal should be remanded for de-novo assessment when the assessee failed to comply with notices from the lower authorities, and imposition of cost.
Sections Cited
68
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, “SMC” BENCH, AHMEDABAD
Before: DR.BRR KUMAR
(Assessment Year: 2014-15 Rajvi Shah, Vs. The Income Tax Officer, 12, Lavanya Society, Ward-5(3)(1), New Vikasgruh Road, Ahmedabad. Paldi, Ahmedabad-380007. [PAN No. AOVPS4221A] (Appellant) (Respondent) .. Appellant by : Shri Tej Shah, AR Respondent by: Smt. Mamta Singh, Sr. DR Date of Hearing 26.02.2025 Date of Pronouncement 28.02.2025 O R D E R This appeal has been filed by the Assessee against the order passed by the Ld. Commissioner of Income Tax (Appeal)/National Faceless Appeal Centre, Delhi vide order dated 24.10.2024 for the Assessment Year 2014-15.
The Assessee has taken the following grounds of appeal:-
The Ld. CIT(A) erred in law and in facts of the case in confirming the order of the AO in making addition of Rs.35,03,698/- being bogus profit u/s.68 of the Act.
2. That the Ld.CIT(A) erred in law and in facts of the case in deciding the appeal ex-parte.
On going through the record, I find that notices of hearing were issued on several occasions, but assessee failed to comply with the notices and has not brought anything on Asst.Year 2014-15 - 2– record to rebut the finding of the Assessing Officer. Hence, the Ld.CIT(A) dismissed the appeal of the assessee. The Ld. Counsel for the assessee has fairly submitted that assessee has neither complied before the Ld.CIT(A) nor before the Assessing Officer to present his case and requested that, given an opportunity, all the details/clarification/explanation would be provided to the revenue authorities. I find that assessee has not even complied before the Assessing Officer, hence in the interest of justice the matter is remanded to the Assessing Officer for conducting assessment de-novo with a cost of Rs.3000/- imposed on the assessee. The cost of Rs.3000/- has to be deposited into “Prime Minister Relief Fund” and the receipt shall be submitted before the JAO who shall take it on record before passing of the order giving effect to the order of the ITAT. The assessee shall comply with the notices issued by the authorities without seeking any unnecessary adjournments.
In the result, the appeal of the assessee is allowed for statistical purposes.
This Order pronounced in Open Court on 28.02.2025 Sd/- (DR. BRR KUMAR) VICE PRESIDENT (True Copy) Ahmedabad; Dated 28.02.2025 Manish, Sr. PS TRUE COPY Asst.Year 2014-15 - 3– आदेश क� �ितिलिप अ�ेिषत/Copy of the Order forwarded to : 1. अपीलाथ� / The Appellant ��यथ� / The Respondent. 2. 3. संबंिधत आयकर आयु� / Concerned CIT 4. आयकर आयु�(अपील) / The CIT(A)- 5. िवभागीय �ितिनिध, आयकर अपीलीय अिधकरण, अहमदाबाद / DR, ITAT, Ahmedabad गाड� फाईल / Guard file. 6. आदेशानुसार/ BY ORDER,