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Income Tax Appellate Tribunal, INDORE BENCH, INDORE
Before: SHRI B.M. BIYANI & SHRI PARESH M. JOSHI
आदेश/ O R D E R
Per B.M. Biyani, A.M.:
Feeling aggrieved by order of first-appeal dated 20.03.2025 passed by learned Commissioner of Income-Tax (Appeals)-NFAC, Delhi [“CIT(A)”] which in turn arises out of assessment-order dated 17.12.2019 passed by learned ITO, Neemuch [“AO”] u/s 144 of Income-tax Act, 1961 [“the Act”] for Assessment-Year [“AY”] 2017-18, the assessee has filed this appeal on the grounds mentioned in Appeal Memo (Form No. 36).
Shri Parshvanath Digambar Jain Dharmik and Samajik Sanstha - AY 2017-18 2. Learned Representative of both sides were heard and case record perused.
Ld. AR for assessee drew us to the orders passed by lower authorities and demonstrated that the AO as well as the CIT(A) have passed orders ex- parte to assessee. Thereafter, he narrated that although the assessee filed vehement submissions in writing to AO during assessment-proceeding explaining the queries raised by AO [Pages 10-102 of Paper-Book] but the AO has not considered the same and made a hefty addition of Rs. 76,38,102/- on account of unexplained money u/s 69A in respect of deposits in bank a/cs. Ld. AR then explained the factual aspects of impugned deposits in bank a/cs with reference to the documents held in Paper-Book as filed by assessee during assessment-proceeding. He also filed a Written-Synopsis as per liberty given by bench. The Synopsis so filed contains the submissions made during hearing and the same is scanned and re-produced below for an immediate reference:
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Shri Parshvanath Digambar Jain Dharmik and Samajik Sanstha - AY 2017-18 4. Having made submissions on above lines, the Ld. AR proposed that the present case is fit for remand to AO. Ld. DR for revenue agreed to the proposal of Ld. AR but made a request to direct the assessee to represent his case before AO and do not seek unnecessary adjournments.
In view of above submissions of parties; having regard to the principle of natural justice and also bearing in mind that no prejudice would be caused to revenue if the present matter is restored at the level of AO, we remand this matter back to the file of AO for adjudication afresh, at the risk and responsibility of assessee. The AO shall give necessary opportunity of hearing to assessee, consider the submissions made by assessee in Written- Synopsis as re-produced above and also any other submission as the assessee may choose to submit and pass an appropriate order uninfluenced by his earlier order. The assessee is also directed to remain vigilant and ensure participation in the hearings as may be fixed by AO and do not seek unnecessary adjournments failing which the AO shall be at liberty to pass appropriate order in accordance with law. Ordered accordingly.
Resultantly, this appeal is allowed for statistical purpose.
Order pronounced in open court on 27/11/2025