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Facts
The assessee's appeal challenges the NFAC's order for AY 2017-18, where the AO made an ad-hoc addition of Rs. 1,42,87,397/- comprising undisclosed cash and unexplained sundry creditors. The assessee failed to appear or submit arguments before the NFAC.
Held
The Tribunal acknowledged the assessee's absence before the NFAC. In the interest of justice, the Tribunal restored the matter to the CIT(A), providing a final opportunity for the assessee to present its case and for the CIT(A) to decide based on facts and law.
Key Issues
Whether the assessee should be granted a final opportunity to substantiate its claim before the CIT(A) after failing to appear before the NFAC?
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Income Tax Appellate Tribunal, DELHI BENCH ‘B, NEW DELHI
Before: SH.SUDHIR KUMAR & SHRI MANISH AGARWAL
Appellant by None Respondent by Sh. Rajesh Kumar Dhanesta, Sr. DR. 2/2/2026 Date of hearing: 4/2/2026 Date of Pronouncement: ORDER
PER SUDHIR KUMAR, JM:
This appeal by the assessee is directed against the order of the National Faceless Appeal Centre (NFAC), New Delhi vide order dated 24.02.2025 pertaining to A.Y. 2017-18.
The assessee raised the following grounds in appeal:
1. That the Ld. NFAC, Delhi erred on facts an in law, in sustaining the adhoc addition of Rs.
1,42,87,397/- made by the AO by arbitrary treating Rs. 32,66,000/- as undisclosed and unaccounted cash and Rs. 1,10,21,397/- as unexplained sundry creditors. That the sustained addition is erroneous, as made purely on estimation by the AO, merely based on suspicion, conjectures and surmises. 2. That the appellant crave leave to add, amend, alter or omit any of the above grounds of appeal as the circumstances may warrant or as may be necessary.
3. None appeared on behalf of the assessee.
4. After hearing the Ld. DR and perusing the records, we find that in the instant case the assessee did not file any submissions and also not made any arguments before him during the proceedings before him, therefore, in the absence of the same, the appeal of the assessee was dismissed. Considering the totality of the facts and circumstances of the case and in the interest of justice, we deem it proper to restore the issue to the file of the Ld. CIT(A) with a direction to grant one final opportunity to the assessee to substantiate its claim and decide the issue as per fact and law. The assessee is also directed to appear before the Ld. CIT(A) and co-operate in the proceedings. The grounds raised by the assessee are accordingly allowed for statistical purposes. 2
In the result the appeal of the assessee is allowed for statistical purposes. Order pronounced in the Open Court on 4.2.2026.