LABH VENTURES INDIA PRIVATE LIMITED ,MUMBAI vs. ACIT, CIRCLE 15(1)(2), MUMBAI

This appeal have been preferred by the Assessee against the order dated 27.08.2025, impugned herein, passed by the National Faceless Appeal Centre (NFAC)/Ld. Commissioner of Income Tax (Appeals) [in short Ld. Commissioner] u/s 250 of the Income Tax Act, 1961 [in short ‘the Act’] for the A.Y. 2015-16.

In the instant case, though the Assessee has filed an application for adjournment, however during the course of hearing has withdrawn the same. Thus, we deem it appropriate to decide this appeal.

Coming to the merits of the case, we observe that the Assessing Officer vide Assessment Order dated 17.05.2023 u/s 147 r.w.s 144B of the Act, has made the addition of Rs.2,27,96,496/- on account of disallowance and depreciation.

Though the Assessee challenged the aforesaid Assessment Order by filing First Appeal before the Ld. Commissioner, however despite issuing three notices, made no compliance, and therefore in the absence of relevant submissions/documents, which the Assessee admittedly failed to file, the Ld. Commissioner was constrained to decide the Appeal filed by the Assessee as ex-parte and consequently dismissed the same by affirming the aforesaid addition. As the Assessee was at default and therefore the Assessee deserves no leniency. However, considering the peculiar facts and circumstances in totality as in the absence of relevant submissions/documents, the issue involved also remained to be adjudicated in its right perspective and proper manner and therefore for just and proper decision of the case and substantial justice, we are inclined to remand the instant case to the file of the Ld. Commissioner for decision afresh, suffice to say by affording reasonable opportunity of being heard to the Assessee and subject to deposit of Rs.11,000/- in the Revenue Department under ‘other heads’ within 15 days from today i.e., 15.02.2026.