RAJESHVAR,GHAZIABAD vs. ASSESSING OFFICER, GHAZIABAD

The only identical issue to be decided in all these appeals is as to whether the Learned NFAC was justified in confirming the addition made by the Learned AO in respect of credit entries in the bank account for want of proper explanation of sources in the facts and circumstances of the instant case.

We have heard the rival submissions and perused the materials available on record. On perusal of the order of the Learned National Faceless Appeal Centre (NFAC), we find that the Learned NFAC had decided the issue ex parte without adjudicating the issue on merits giving its independent finding. Further we find that even the assessment orders were framed exparte for all the years under consideration. Hence, in the interest of justice and fairplay we deem it fit and appropriate to restore this appeals to the file of Learned AO for de novo adjudication in accordance with law. Needless to mention that the assessee be given reasonable opportunity of being heard. The assessee is directed to cooperate with the Learned AO for expeditious disposal of the set aside assessment proceedings by not taking unwarranted adjournments. Hence, the grounds raised by the assessee are allowed for statistical purposes.

In the result, the appeals of the assessee are allowed for statistical purposes.