BAHUBALI NAGRI SAHAKARI PAT SANSTHA,NAGPUR vs. ITO WARD 1(1), NAGPUR

In the instant case, the Assessing Officer (AO) vide reassessment order dated 01.01.2024 u/s 147 r.w.s. 144B of the Act has made the additions of Rs.13,28,835/- on account of income from sale transactions of securities and Rs.75,000/- being disallowance on account of provisions debited to profit & loss account.

The Assessee though challenged the aforesaid additions, /disallowances by filing first appeal before the Ld. Commissioner, however, despite of affording various opportunities except seeking adjournment, eventually made any compliance. Therefore, in the constrained circumstances the Ld. Commissioner dismissed the appeal of the Assessee, affirming the aforesaid additions/disallowances.

The Assessee, being aggrieved, challenged the impugned order.

Heard the parties and perused the material available on record. Though this Court while passing the Zimni (Daily) order shown its inclination to remand the instant case to the file of the Ld. Commissioner but subject to deposit of Rs.22,000/-, however, at this stage while passing the instant order on merit and in detail, this Court observes that the Ld. Commissioner though is duty bound to pass the impugned order on merit even in the absence of Assessee and/or non-filing of submissions and documents but still the Ld. Commissioner in this case decided the appeal of the Assessee in limine and/or for non-prosecution and without touching upon the merits of the case, thus this fact favors the case of the Assessee for remanding without any cost, to the file of the Ld. Commissioner for decision afresh.

In the result, the Assessee’s appeal is allowed for statistical purposes.