BHAVESH BHOOPENDRA PARMAR,NAGPUR vs. ITO WARD 4(4), NAGPUR

Admittedly, the Assessee before the Ld. Commissioner in the appellate proceedings, initiated against the assessment order dated 23/09/2022 u/sec. 144 r.w.s. 144B of the Act, whereby the addition of Rs. 5,04,185/- has been made as ‘unexplained investment in shares’ u/sec. 69 of the Act, except seeking adjournments, eventually made no compliance and/or filed no submissions/ documents and therefore, the Assessee is not entitled for any leniency, however, considering the peculiar facts and circumstances in totality as in the absence of documentary evidence has also mentioned by the Ld. Commissioner in the impugned order, the investment in the shares remains unexplained and even otherwise, the Ld. Commissioner failed to pass the order on merits. Thus, for just and proper decision and substantial justice and equitable relief, this Court is inclined to remand the instant case to the file of Learned Assessing Officer(JAO) being an exception because the assessment order is also exparte, however, subject to deposit of Rs. 3,300/- (Rupees Three Thousand Three Hundred Only) in the Revenue Department under ‘other heads’ within 15 days from the date of receipt of copy of this order, suffice to say by providing reasonable opportunity of being heard to the Assessee.

The Assessee is also directed to comply with the notices and file the relevant submissions/documents which would be essentially required. In case of any default, Assessee shall not be entitled for any leniency. Thus, the case is, accordingly, remanded to the file of JAO for making assessment afresh.