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Facts
The Assessing Officer made an addition of Rs. 98,56,053/- for unexplained bank deposits under sections 144 r.w.s. 147 for assessment year 2012-13. The Ld. CIT(A) subsequently dismissed the assessee's appeal against this addition due to non-prosecution, leading the assessee to appeal to the ITAT.
Held
The Income Tax Appellate Tribunal held that in the interest of justice, the matter should be remitted back to the file of the Assessing Officer. The AO was directed to consider the issues afresh, pass a speaking order, and provide adequate opportunity of being heard to the assessee, considering the assessee's inability to pursue the matter properly before lower authorities.
Key Issues
Whether the assessee should be granted another opportunity to present their case before the lower authorities, particularly when the appeal was dismissed for non-prosecution, and to reconsider the addition for unexplained bank deposits.
Sections Cited
144, 147
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, DELHI BENCH “B”, NEW DELHI
Before: SHRI SHAMIM YAHYA, & SHRI SUDHIR PAREEK
Appellant by : Shri Sumit Gupta, CA Respondent by : Ms. Harpreet Kaur, Sr. DR. Date of hearing : 24.10.2024 Date of pronouncement : 28.10.2024 ORDER
PER SHAMIM YAHYA, AM :
The Assessee has filed the instant Appeal against the Order of the Ld. CIT(Appeal)/NFAC, Delhi dated 07.06.2023, relating to assessment year 2012-13.
In this case AO has passed the assessment order u/s. 144 r.w.s. 147 of the Act on 26.10.2018 by making addition of Rs. 98,56,053/- being unexplained deposits in the bank account. Upon asessee’s appeal, Ld. CIT(A) dismissed the appeal of the assesse for non-prosecution.
Against the above order of the Ld. CIT(A), assessee is in appeal before us.
At the time of hearing, Ld. Counsel for the assessee prayed that assessee may be granted one more opportunity to properly canvass the appeal, as assessee has not been able to pursue the matter with the lower authorities in a proper manner.
Per contra, Ld. DR did not have any objection to the aforesaid proposition made by the Ld. AR for the assessee.
After considering the aforesaid, we are of the considered view, that interest of justice will be served, if the issues in dispute are remitted back to the file of the AO with the directions to consider the same afresh and pass a speaking order, after giving adequate opportunity of being heard to the assessee. We hold and direct accordingly. 7. In the result, the Assessee’s appeal is allowed for statistical purposes.