LALO KAMAT,SAHARSA vs. COMMISSIONER OF INCOME TAX (APPEALS), DELHI

Brief facts of the case of the assessee are that the assessee did not file return of income for AY 2018-19. On the information received from insight portal an order u/s 148A(d) was passed. Subsequently the notice u/s 148 was issued as the information received that the assessee has carried out huge transaction during the year under consideration. However, the assessee did not file return of income. In response to the notice u/s 142(1) of the Act, no response has been submitted from the side of the assessee, as a result of which addition on account of cash deposits in current account i.e. an amount of Rs. 14,68,57,000/- has been added to the income of the assessee.

Aggrieved by the said order, the assessee preferred an appeal before the Ld. CIT(A) wherein the appeal of the assessee has been dismissed as there was no response.

The Ld. A.R by filing several documentary evidences before this Tribunal has prayed that the assessee has been given an opportunity to place his case before the AO as the order passed by the AO confirmed by the Ld. CIT(A) are an ex-parte order.

The Ld. D.R did not raise any objection in remitting the appeal back to the file of AO.

Upon hearing the submission of the counsel of the respective parties, we have perused the order of lower authorities and there is no denying to this fact that assessment was done when there was no response from the side of the assessee and the Ld. CIT(A) has also confirmed the order of AO on the same ground. Considering the prayer of the Assessment Years: 2018-19 Lalo Kamat assessee, going over the order passed by the lower authorities and for the interest of justice, we are inclined to restore the appeal of the assessee to the file of AO with a direction to pass a fresh order after affording an opportunity to hear the assessee. Accordingly order passed by lower authorities are hereby set aside.