ZAKIRA KAMIL,NEW DELHI vs. ITO, WARD-63(3), NEW DELHI

This appeal by the assessee is preferred against the order of the Commissioner of Income Tax [Appeals] - 20, New Delhi dated 27.07.2018 pertaining to A.Y 2014-15.

The sum and substance of the grievance of the assessee is that the CIT(A) erred in confirming the assessment order, thereby confirming the estimation of profit made by the Assessing Officer @ 2%.

Briefly stated, the facts of the case are that the assessment order dated 23.12.2016 is framed u/s 144 of the Income-tax Act, 1961 [hereinafter referred to as 'the Act']. During the course of scrutiny assessment proceedings, the Assessing Officer sought certain details which were not complied with. The Assessing Officer was left with no choice but to reject the books of account and estimate the profit on the total turnover of Rs. 6.68 crores. Accordingly, profit was estimated @ 2%.

The assessee carried the matter before the CIT(A) but did not attend the proceedings and the CIT(A) was also compelled to frame the appellate order exparte and confirmed the addition made by the Assessing Officer.

Before me, the ld. AR stated that the assessee is maintaining regular books of account which were subjected to audit u/s 44AB of the Act. It is the say of the ld. AR that due to some exceptional circumstances, the assessment proceedings as well as the appellate proceedings could not be attended properly. The ld. AR prayed for restoring the issue to the file of the Assessing Officer so that the assessee can produce audited books of account and comply with the queries of the Assessing Officer.

The ld. DR fairly conceded to this plea of the assessee.

I have carefully considered the orders of the authorities below. There is no dispute that both the lower authorities have decided the issue exparte. In the interest of justice and fair play, I deem it fit to restore this issue to the file of the Assessing Officer. The assessee is directed to produce the books of account and comply with all the queries raised by the Assessing Officer. The Assessing Officer is directed to decide the issue afresh after giving reasonable opportunity of being heard to the assessee.

In the result, the appeal filed by the assessee in is allowed for statistical purposes. The order is pronounced in the open court on 23.04.2019.