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Facts
The assessee's appeals were preferred against a common order of the National Faceless Appeal Centre (NFAC). The assessment orders were passed ex-parte due to the assessee's non-appearance and failure to present submissions before the lower authorities.
Held
The Tribunal condoned the delay in filing the appeal, admitting them for hearing. It held that the additions were on account of cash deposits, and due to the assessee's failure to bring facts before the lower authorities, the matter should be restored to the AO for a fresh opportunity of hearing.
Key Issues
Whether the assessee's failure to appear and present submissions before the lower authorities warrants restoration of the issue to the AO for a fresh hearing.
Sections Cited
144, 147, 143(3)
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Income Tax Appellate Tribunal, “C” BENCH, DELHI
Before: SHRI ANUBHAV SHARMA & SHRI NAVEEN CHANDRA
order dated 27.06.2024 of the Ld. National Faceless Appeal Centre (NFAC)
Delhi (hereinafter referred as Ld. First Appellate Authority or in short Ld. & 1396/Del/2025 Ramsons Aqua Limited (AYs: 2012-13 & 2017-18) ‘FAA’) in DIN & Order Nos. ITBA/NFAC/S/250/2024-25/1066151189(1)/ ITBA/NFAC/S/250/2024-25/1066150631(1) arising out of the different order dated 16.12.2019 & 17.12.2019 passed u/s 144/147 & 143(3) of the Income Tax Act, 1961 (hereinafter referred to as ‘the Act’) by the ITO, Ward 21(1)
New Delhi for AYs: 2012-13 & 2017-18.
At the time of hearing ld. AR pointed out about the delay in filing of appeal for which an application for condonation of delay along with an affidavit has been filed deposing that the authorized signatory of the assessee has suffered multiple ailments leading to the delay and relevant medical evidences have been filed. Thus, we consider it appropriate case to condone the delay. Appeals are admitted for hearing.
Further we find that the assessment orders are passed without contest and non appearance and before the Ld. CIT(A) also the assessee failed to appear and put across submissions on the grounds as raised. NFAC in its orders mention of the notices which were issued and there was no response for which the Ld. AR has explained that due to ill health of the authorized signatory the matter could not be contested before Ld. Tax Authorities below.
& 1396/Del/2025 Ramsons Aqua Limited (AYs: 2012-13 & 2017-18) 4. The additions are on account of cash deposit for which ld. AR has submitted that they have all the evidences and paper book in that regard was proposed to be filed here before the Tribunal. However, given the fact that assessee has failed to bring facts before ld. Tax Authorities below, ends of justice require to restore the issue on merits to the files of Ld. AO to give fresh opportunity of hearing to the assessee to pass order afresh.
Appeals of the assessee are allowed for statistical purposes.
Order pronounced in the open court on 10.12.2025