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Facts
The assessee filed a return of income declaring Rs. nil for AY 2014-15. The AO determined the total income at Rs. 1,45,88,300/- after making additions for disallowance of depreciation and unexplained credit entries. The assessee's appeal before the CIT(A) was dismissed.
Held
The Tribunal noted that the assessee did not get a reasonable opportunity during the assessment and appellate proceedings. Therefore, the additions were restored back to the Assessing Officer for passing a fresh order after providing a reasonable opportunity.
Key Issues
Whether the assessee was provided with a reasonable opportunity of being heard during the assessment and appellate proceedings.
Sections Cited
143(3)
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Income Tax Appellate Tribunal, LUCKNOW BENCH ‘A’, LUCKNOW
Before: SHRI ANADEE NATH MISSHRA & SHRI SUBHASH MALGURIA
2014-15 against impugned appellate order dated 14/05/2024 (DIN & Order No.ITBA/NFAC/S/250/2024- 25/1064856514(1) of Commissioner of Income Tax (Appeals) [“CIT(A)” for short].
(B) The facts of the case, in brief, are that the assessee filed its return of income on 30/09/2014 declaring total income at Rs.nil. The Assessing Officer completed the assessment and passed assessment order under section 143(3) of the I.T. Act on 27/12/2016 and determined the total income of the assessee at Rs.1,45,88,299/- (rounded off to Rs.1,45,88,300) and made addition of Rs.1,69,422/- on account of disallowance of depreciation and further addition of Rs.90,36,234/- on account of unexplained credit entries. Being aggrieved, the assessee carried the matter in appeal before the learned CIT(A). Vide impugned appellate order dated 14/05/2024. Now the assessee is in appeal before the Income Tax Appellate Tribunal.
(C) During the course of hearing none was present on behalf of assessee. However, written submissions were filed from the assessee’s side. In absence of any representation from assessee’s side, learned Departmental Representative was heard and written submissions of the assessee and other materials available on record were perused. The assessee has stated that the assessee did not get reasonable opportunity during assessment proceedings before the Assessing Officer and during appellate proceedings before the learned CIT(A). It has been requested that the disputed additions be restored back to the file of the Assessing Officer for passing fresh order. Learned Departmental Representative did not express any objection to this and left the matter to the discretion of the Bench. In view of the foregoing, the issue in disputes are remitted back to the file of the Assessing Officer with the direction to pass fresh assessment order in accordance with law after providing reasonable opportunity to the assessee.
(D) In the result, the appeal of the assessee stands allowed for statistical purposes.
(Order pronounced in the open court on 04/12/2025)