CHANDNI,PATNA vs. ITO WARD- 4(3), PATNA

Brief facts of the case are that the assessee is an individual, who filed his return of income declaring total income at Rs.1,76,344/-. As per information received from ITBA-AIMS 1 (A.Y. 2012-2013) Chandni database, notice under section 148 of the Act was issued to the assessee for A.Y. 2012-13 with the prior approval of ld. <Pr. CIT-2, Patna. The case was reopened for the reason of verification of amount of profit received from commodities trading through NMCE platform. Notice under section 148 was generated on 13.03.2019 and issued to the assesese for filing the return within 30 days from the service of this notice, but the assessee did not comply with the notice. Again, notice under section 133(6) for calling or information was issued to the Branch Manager, Punjab National Bank, Patna Sadar Block Branch for account statement for FY 2011-12 and account opening form of the assessee. The Bank statement was received and placed on record. Further notice under section 142(1) dated 16.04.2019 along with questionnaire was issued and served on the assessee, but no compliance was made from the assessee. Thereafter a show-cause notice was issued dated 14.10.2019 asking the assesese to produce the relevant documents but no compliance was made. Due to non-compliance by the assessee, the ld. Assessing Officer has left with no alternative but to assess the income of assessee on the basis of information/data available on the records and the assessment was completed under section 147/144 assessing the total income at Rs.9,55,580/-. On being aggrieved, the assessee preferred an appeal before the ld. CIT(Appeals).

The ld. CIT(Appeals) has given several opportunities to the assessee to substantiate his claim, but the appellant did not file the written submissions and did not represent the case before the

On being aggrieved, the assessee preferred an appeal before the ITAT.

At the outset, ld. D.R. brought to my notice that the assessee did not produce the relevant documents as asked by the ld. Assessing Officer during the assessment proceedings. Therefore, the ld. Assessing Officer passed the assessment order assessing the taxable income at Rs.9,55,580/-. Thereafter the assessee preferred an appeal before the ld. CIT(Appeals). The ld. CIT(Appeals) has given many opportunities to the assessee and the assessee neither filed written submission nor any evidence before the ld. CIT(Appeals). He further submitted that before the ITAT, the assessee did not substantiate his claim. Therefore, he pleaded to uphold the orders passed by the revenue authorities.

I have heard the ld. Departmental Representative and perused the material available on record. Considering the facts and circumstances of the case, I am inclined to set aside the order passed by the ld. CIT(Appeals) in order to meet the principle of natural justice, and remit the matter back to the file of ld. CIT(Appeals) with a direction to provide one more opportunity of being heard to the assessee. At the same breath, I also hereby caution the assessee to promptly co-operate with the proceedings before the Ld. CIT(Appeals) failing which the Ld. CIT(Appeals) shall be at liberty to pass appropriate order in accordance with law and

In the result, the appeal of the assessee is allowed for statistical purposes. Order pronounced in the open Court on 13/02/2025.