MOHD IQBAL,ALIGARH vs. ITO WARD 4(1)(2), ALIGARH

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ITA 191/AGR/2023Status: HeardITAT Agra05 February 2025AY 2017-18Bench: SHRI M. BALAGANESH (Accountant Member)1 pages
AI SummaryAllowed for statistical purposes

What did the Tribunal hold?

The tribunal found that the NFAC had decided the issue ex parte without adjudicating on merits. Therefore, the tribunal restored the appeal to the NFAC for fresh adjudication, granting the assessee an opportunity to be heard.

What were the facts?

The appeal arises from an order of the NFAC concerning an assessment for AY 2017-18. The appeal pertains to an addition of Rs 60,50,000/- made on account of cash deposits. The assessee did not appear before the tribunal.

What were the issues?

Whether the NFAC was justified in sustaining the addition made on account of cash deposits without a proper adjudication on merits.

Which sections of the Income-tax Act were involved?

Section 143(3)

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, AGRA BENCH “DB”: AGRA

For Respondent: Shri Shalenndra Srivastava, Sr. DR
Hearing: 05/02/2025Pronounced: 05/02/2025

O R D E R PER M. BALAGANESH, A. M.: 1. The appeal in for AY 2017-18, arises out of the order of the National Faceless Appeal Centre (NFAC), Delhi [hereinafter referred to as ‘ld. NFAC’, in short] dated 29.09.2023 against the order of assessment passed u/s 143(3) of the Income-tax Act, 1961 (hereinafter referred to as ‘the Act’) dated 26.12.2019 by the Assessing Officer, ITO, Ward- 4(1)(2), Aligarh (hereinafter referred to as ‘ld. AO’).

2.

The only effective issue to be decided in this appeal is as to whether the ld NFAC was justified in sustaining the addition made in the sum of Rs 60,50,000/- on account of cash deposits in the facts and circumstances of the instant case.

3.

None appeared on behalf of the assessee. We have heard the Ld DR and perused the materials available on record. On perusal of the order of the ld NFAC, we find that the ld NFAC had decided the issue ex parte without adjudicating the issue on merits giving its independent finding. Hence, in the interest of justice and fairplay, we deem it fit and appropriate to restore this appeal to file of ld NFAC for de novo adjudication in accordance with law. Needless to mention the assessee be given reasonable opportunity of being heard. The assessee is directed to cooperate with ld NFAC for expeditious disposal of the appeal by not taking unwarranted adjournments. Hence, the grounds raised by the assessee are allowed for statistical purposes.

4.

In the result, the appeal of the assessee is allowed for statistical purposes.

Order pronounced in the open court on 05/02/2025.

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