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Facts
The assessee's appeal for Assessment Year 2015-16 arose from an order of the CIT(A) concerning additions made by the Assessing Officer on a best judgment basis. The assessee's main grievance was the confirmation of additions made under section 68. The assessee had not made any representations before the lower authorities.
Held
While acknowledging the assessee's negligence, the tribunal, in the interest of natural justice, decided to grant another opportunity for the assessee to present its case. The impugned order was set aside, and the appeal was restored to the CIT(A) for a fresh adjudication.
Key Issues
Whether the assessee should be granted another opportunity to substantiate its case for additions made under section 68, especially after failing to represent before lower authorities.
Sections Cited
68, 147, 144
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Income Tax Appellate Tribunal, “B” BENCH, CHENNAI
Before: HON’BLE SHRI MANOJ KUMAR AGGARWAL, AM & HON’BLE SHRI MANU KUMAR GIRI, JM
(िनधा)रण वष) / Assessment Year: 2015-16) Smt. Reeta Bansal ITO बनाम D051, Commanders Court, Ward-1 Ethiraj Salai, Egmore, Puducherry. / Vs. Chennai-600 008. �थायीलेखासं./जीआइआरसं./PAN/GIR No. ACBPB-2400-L (अपीलाथ�/Appellant) : (� थ� / Respondent) अपीलाथ� कीओरसे/ Appellant by : Shri S. Darshan Bothra (CA) - Ld.AR � थ�कीओरसे/Respondent by : Ms. R. Kavitha (Addl.CIT) - Ld. Sr. DR सुनवाई की तारीख/Date of Hearing : 18-12-2024 घोषणा की तारीख /Date of Pronouncement : 31-12-2024 आदेश / O R D E R Manoj Kumar Aggarwal (Accountant Member)
Aforesaid appeal by assessee for Assessment Year (AY) 2015-16 arises out of the order of learned Commissioner of Income Tax (Appeals), National Faceless Appeal Centre (NFAC), Delhi [CIT(A)] dated 07-08-2024 in the matter of an assessment framed by Ld. Assessing Officer [AO] on best judgment basis u/s. 147 r.w.s. 144 of the Act on 15-09-2021. The sole grievance of the assessee is confirmation of certain additions u/s 68. The assessee failed to make any representation before any of the lower authorities. The Ld. AR has pleaded for another opportunity of hearing which has been opposed by Ld. Sr. DR.
Though the assessee has remained negligent, however, keeping in mind the principle of natural justice, we deem it fit to grant another opportunity to the assessee to substantiate its case. Therefore, we set aside the impugned order and restore the appeal back to the file of Ld. CIT(A) for de novo adjudication with a direction to the assessee to substantiate its case and supply the requisite information forthwith.