LAKHWANT SINGH,PATIALA vs. ITO, BARNALA

Aforesaid appeal by assessee for Assessment Year (AY) 2010-11 arises out of an order of learned Addl. / Joint Commissioner of Income Tax (Appeals), Kochi [CIT(A)] dated 19-03-2025 in the matter of an assessment framed by Ld. Assessing Officer [AO] u/s. 143(3) r.w.s. 147 of the Act on 21-12-2017. Having heard rival submissions and upon perusal of case records, the appeal is disposed-off as under.

In the assessment order, Ld. AO made assessment of Long-Term Capital Gains for Rs.14.25 Lacs. The matter reached up-to Tribunal wherein, by order dated 17-01-2020, the matter was restored back to Ld. CIT(A) and impugned order was passed on 19-03-2025. In these proceedings, the assessee failed to make any representation and accordingly, the assessment was again confirmed. Aggrieved, the assessee is in further appeal before us. The Ld. AR has prayed for consideration of additional evidences and sought another opportunity of hearing which has been opposed by Ld. Sr. DR. 3. Though the assessee has remained negligent, however, the additional evidences would have material bearing on determination of assessee’s total income. Therefore keeping in mind the principles of natural justice, we deem it fit to restore the assessment back to the file of Ld. AO for de novo assessment with a direction to the assessee to plead and prove its case forthwith. 4. The appeal stand allowed for statistical purposes. Order Pronounced on18-08-2025. (LALIET KUMAR) (MANOJ KUMAR AGGARWAL) JUDICIAL MEMBER ACCOUNTANT MEMBER Dated: 18-08-2025. आदेश की Ůितिलिप अŤेिषत /Copy of the Order forwarded to : 1. अपीलाथŎ/Appellant 2. ŮȑथŎ/Respondent 3. आयकरआयुƅ/CIT 4. िवभागीयŮितिनिध/DR 5. गाडŊफाईल/GF