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Facts
The assessee's appeal for AY 2017-18 arose from an order confirming additions of cash deposit and business income. The assessee failed to substantiate its case before lower authorities. At the hearing, neither the assessee nor their representative appeared.
Held
The Tribunal, considering the principles of natural justice, decided to grant another opportunity to the assessee. The impugned order was set aside, and the appeal was restored to the file of the CIT(A) for de novo adjudication.
Key Issues
Restoration of appeal to CIT(A) for de novo adjudication to provide the assessee with an opportunity to substantiate their case.
Sections Cited
144
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Income Tax Appellate Tribunal, “SMC” BENCH, AGRA
Before: HON’BLE SHRI SATBEER SINGH GODARA, JM & HON’BLE SHRI MANOJ KUMAR AGGARWAL, AM
O R D E R Manoj Kumar Aggarwal (Accountant Member) 1. Aforesaid appeal by assessee for Assessment Year (AY) 2017-18 arises out of an order of learned Commissioner of Income Tax (Appeals), National Faceless Appeal Centre (NFAC), Delhi [CIT(A)] dated 20-01-2023 in the matter of an assessment framed by Ld. Assessing Officer [AO] u/s. 144 of the Act on 27-11-2019. The sole grievance of the assessee is confirmation of addition of cash deposit for Rs.10.50 Lacs and estimation of business income at Rs.3.65 Lacs. The assessee failed to substantiate its stand before lower authorities. At the time of hearing, none appeared for assessee and accordingly, the appeal was heard with the able assistance of Ld. Sr. DR who pleaded for dismissal of the appeal.
Keeping in mind the principles of natural justice, we deem it fit to afford another opportunity of hearing to the assessee to substantiate its case before Ld. CIT(A). Accordingly, the impugned order is set aside and the appeal is restored back to the file of Ld. CIT(A) for de novo adjudication 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 as indicated upon conclusion of hearing. Order pronounced u/r 34(4) of Income Tax (Appellate Tribunal) Rules, 1963.