OZONE INFRA PROJECTS,MUMBAI vs. DCIT CEN CIR 2, THANE

M/s. Ozone Infra Projects 2. During hearing, I have heard Shri Dharan Gandhi ld. counsel for the assessee. The crux of arguments advanced on behalf of the assessee is that no opportunity was given to the assessee by the Ld. Commissioner of Income Tax (Appeals) for making enhancement. The ld. DR contended that reasonable view has been taken by the ld.First Appellate Authority, but did not controvert the claim of the assessee that enhancement notice was not given to the assessee.

I have considered the rival submissions and perused the material available on record. It is noted that a search was carried out on SMC group on 23/05/2012 along with the present assessee. Notice under section 153A was issued to the assessee on 31/07/2013 to which the assessee filed e-return on 24/03/2014. Without going into much deliberation, the contention of the ld. counsel for the assessee is that no opportunity was provided to the assessee for making the enhancement. It is noted that as per Section 251(2) of the Income Tax Act, 1961 (hereinafter the Act), the ld. First Appellate Authority shall not enhance an assessment or a penalty or reduce the amount refund unless the assessee M/s. Ozone Infra Projects is given a reasonable opportunity of show-cause against such enhancement or reduction. It is worth mentioning that I am not going into the merits of the appeal, but agree with the contention of ld. counsel for the assessee that before making the enhancement, the assessee was expected to be given an opportunity/show-cause for making such enhancement. Thus, the appeal of the assessee is remanded back to the file of the Ld. Commissioner of Income Tax (Appeals) to provide opportunity to the assessee to explain the factual matrix and adjudicate a fresh on merits. Thus, the appeal of the assessee is allowed for statistical purposes only.