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Facts
The assessee filed an appeal for Assessment Year 2012-13 against an order of the CIT(A) which upheld an addition of Rs.18.96 Lacs made by the AO under section 69A for cash deposit due to lack of evidence. The assessee had failed to appear during the assessment proceedings.
Held
The Tribunal, considering the principles of natural justice and potential communication gaps in the faceless regime, decided to grant the assessee another opportunity to present their case before the AO.
Key Issues
Whether the assessee should be granted another opportunity for hearing to substantiate their case before the AO, considering the principles of natural justice.
Sections Cited
69A, 144, 147
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Income Tax Appellate Tribunal, AMRITSAR, AMRITSAR
Before: HON’BLE SHRI MANOJ KUMAR AGGARWAL, AM & HON’BLE SHRI UDAYAN DAS GUPTA, JM
O R D E R Manoj Kumar Aggarwal (Accountant Member) 1. Aforesaid appeal by assessee for Assessment Year (AY) 2012-13 arises out of an order of learned Commissioner of Income Tax (Appeals), National Faceless Appeal Centre (NFAC), Delhi [CIT(A)] dated 24-06-2024 in the matter of an assessment framed by Ld. Assessing Officer [AO] u/s. 144 r.w.s. 147 of the Act on 10-12-2019. The assessee has failed to appear during assessment proceedings. The Ld. AR stated that additional evidences were not considered by Ld. CIT(A) and accordingly, he sought another opportunity of hearing on the ground that the assessee is in a position to substantiate its case. The same has been opposed by Ld. Sr. DR.
In the assessment order, Ld. AO made addition u/s 69A for cash deposit for Rs.18.96 Lacs for want of evidences from the assessee. The Ld. CIT(A) confirmed the same against which the assessee is in further appeal before us.
Keeping in mind the principles of natural justice and considering the possibility of communication gaps during faceless regime, we deem it fit to afford another opportunity of hearing to the assessee to substantiate its case before Ld. AO. Accordingly, the impugned order is set aside and the assessment is restored back to the file of Ld. AO for de novo assessment after affording reasonable opportunity of hearing to the assessee. The assessee is directed to substantiate its case forthwith.
The appeal stand allowed for statistical purposes.