OMSINH JOGRAJSINH RAJPUROHIT,HIMATNAGAR vs. THE ITO, WARD-1, HIMATNAGAR

O R D E R PER DR. B.R.R. KUMAR, VICE-PRESIDENT:- Delay Condoned This appeal is filed by the Assessee against the appellate order dated 01.12.2023 passed by the Commissioner of Income Tax (Appeals)National Faceless Appeal Centre, Delhi, relating to the Assessment Year 2017-18. 2. The assessee has raised the following grounds of appeal:

1. That on facts, and in law, the learned NFAC has grievously erred in not granting reasonable opportunity of hearing and in deciding the appeal vide ex-parte order. Asst. Year : 2017-18 - 2–

2. That on facts, and in law, the learned NFAC has grievously erred in confirming the addition of Rs.94,93,350/- made u/s.69A o the Act in respect of cash deposited in appellant’s bank account.

3. That on facts, and in law, it ought to have been appreciated and held that the appellant being into business of Agency of Mobile Recharge on wholesale basis, the cash deposited is the cash collected from mobile recharge distributors and paid to Recharge provider companies like Reliance and Bharti Airtel, and the Commission earned there from is duly offered to tax by the appellant.

4. The appellant craves leave to add, alter, amend any ground of appeal.

3. On perusal of the records, it is observed that the assessee was afforded five opportunities of hearing to furnish details, clarifications, and explanations to substantiate the source of cash deposits. However, assessee failed to furnish the substantial details or explanations before the Ld. CIT(A). Consequently, the Ld. CIT(A), based on the material available on record, upheld the action of the Assessing Officer and dismissed the appeal ex parte. We find that the assessee remained compliant and failed to submit any details or supporting evidence in respect of unexplained money even before the Assessing Officer. During the course of hearing before us, the Ld. Counsel for the assessee prayed that, given an opportunity, due compliance will be made and would furnish all the necessary details, clarifications and explanations before the revenue authorities. Considering the totality of the facts and in the interest of justice, we deem it appropriate to remand the matter to the file of the Assessing Officer for conducting the assessment de novo. The assessee is directed to furnish all relevant documents, evidences, and bank details before the Revenue authorities and to comply with the notices issued by the Assessing Officer without seeking unnecessary adjournments Asst. Year : 2017-18 - 3–