MOHIT GARG ,LUDHIANA vs. DCIT, CC-3, LUDHIANA
1
IN THE INCOME TAX APPELLATE TRIBUNAL
“B” BENCH CHANDIGARH
BEFORE HON’BLE SHRI RAJPAL YADAV, VICE PRESIDENT
AND HON’BLE SHRI MANOJ KUMAR AGGARWAL, AM
(1) आयकरअपील सं. / ITA No. 790/CHANDI/2023
(िनधाŊरणवषŊ / Assessment Year: 2018-19)
&
(2) आयकरअपील सं. / ITA No. 791/CHANDI/2023
(िनधाŊरणवषŊ / Assessment Year: 2019-20)
Shri Mohit Garg
(Prop. M/s Garg Wool Store)
Mochpura Wool Market
Ludhiana. 141008. बनाम/
Vs.
DCIT-Central Circle-3,
Ludhiana.
̾थायीलेखासं./जीआइआरसं./PAN/GIR No. BPKPG-7740-D
(अपीलाथŎ/Appellant)
:
(ŮȑथŎ / Respondent)
अपीलाथŎकीओरसे/ Appellant by :
Shri Vibhore Garg (CA) – Ld. AR
ŮȑथŎकीओरसे/Respondent by :
Smt. Kusum Bansal (CIT) -Ld. DR
सुनवाईकीतारीख/Date of Hearing
:
07-04-2025
घोषणाकीतारीख /Date of Pronouncement
:
07-04-2025
आदेश / O R D E R
Manoj Kumar Aggarwal (Accountant Member)
Aforesaid appeals by assessee for Assessment Years (AY) 2018- 19 & 2019-20 arise out of separate orders of learned first appellate authority. First, we take up appeal for AY 2018-19 which arises out of an order of learned Commissioner of Income Tax (Appeals), Ludhiana [CIT(A)] dated 12-10-2023 in the matter of an assessment framed by Ld. AO on best judgment basis u/s 144 of the Act on 06-05-2021. The 2
assessee has failed to appear before any of the lower authorities. The Ld. AR has pleaded for another opportunity of hearing before lower authorities which has been opposed by Ld. CIT-DR. In the assessment order, Ld. AO assessed addition to capital account for Rs.149.78 Lacs u/s 68 and estimated business income of Rs.453.05 Lacs since the assessee failed to make any submissions therein. The Ld. CIT(A) confirmed the assessment for the same very reasons. Aggrieved, the assessee is in further appeal before us.
2. Keeping in mind the principles of natural justice and accepting the plea of Ld. AR, we deem it fit to afford another opportunity of hearing to the assessee to substantiate its case before Ld. AO. Accordingly, the impugned order is set aside and the assessment is restored back to the file of Ld. AO for de novo assessment after affording reasonable opportunity of hearing to the assessee. The assessee is directed to substantiate its case forthwith.
3. The facts in AY 2019-20 are quite identical and therefore, this appeal also stand restored back to Ld. AO for de novo assessment on similar lines.
4. Both the appeals stand allowed for statistical purposes.
Order pronounced on 07th April, 2025. (RAJPAL YADAV) (MANOJ KUMAR AGGARWAL)
VICE PRESIDENT लेखा सद˟ /ACCOUNTANT MEMBER
Dated : 07-04-2025
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