ASHOK KUMAR,GURGAON vs. ITO,WARD-1(5), GURGAON
Income Tax Appellate Tribunal, DELHI BENCH ‘SMC’: NEW DELHI
Before: SHRI S.RIFAUR RAHMANAshok Kumar, vs.
The assessee has filed appeal against the order of the Learned
Commissioner of Income Tax (Appeals)/National Faceless Appeal Centre
(NFAC), Delhi [“Ld. CIT(A)”, for short] dated 03.11.2023 for the Assessment
Year 2012-13. 2. At the outset, it was submitted by the ld. AR for the assessee that Assessing Officer has passed the assessment order under section 147 r.w.s. 144
of the Income-tax Act, 1961 (for short ‘the Act’) without giving proper opportunity to the assessee and Ld. CIT(A) affirmed the action of the AO. Ld.
DR relied upon the order of the authorities below.
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3. Considered the rival submissions and perused the material on record.
Upon careful consideration, I am of the considered view that in the interest of justice, the matter requires fresh adjudication at the level of the AO. Therefore,
I remit back the issues to the file of the Assessing Officer with the directions to decide the same afresh, after giving adequate opportunity of being heard to the assessee, for which Ld. DR has no objection. Assessee is directed through his counsel to fully cooperate with the AO during the proceedings. I hold and direct accordingly.
4. In the result, the appeal filed by the assessee is allowed for statistical purposes.
Order pronounced in the open court on this 5th day of March, 2025. (S.RIFAUR RAHMAN)
ACCOUNTANT MEMBER
Dated: 05.03.2025
TS