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Income Tax Appellate Tribunal, INDORE BENCH, INDORE
Before: Shri T.R. Senthil Kumar & Shri B.M. Biyani
Date of hearing : 05-12-2024 Date of pronouncement : 27-12-2024 आदेश/ORDER PER : T.R. SENTHIL KUMAR, JUDICIAL MEMBER:-
This appeal is filed by the Assessee as against the appellate order dated 26.09.2023 passed by the Commissioner of Income Tax (Appeals), National Faceless Appeal Centre, Delhi, (in short referred to as “CIT(A)”), arising out of the reassessment order passed under section 143(3) r.w.s. 147 of the Income Tax Act, 1961 (hereinafter referred to as ‘the Act’) relating to the Assessment Year 2012-13.
Brief facts of the case is that the assessee is an individual and Proprietor of Hanuman Sales Corporation engaged in the trading of Pulses, Oil Seeds and Water. For the Asst. Year 2012-13 assessee filed his Return of Income on 30-09-2012 declaring total income of Rs.1,90,870/-. Information received from DDIT(Inv.)-1, Indore about the abnormal and suspicious debit and credit entries in the bank account maintained by the assessee with HDFC Bank to the sum of Rs.23,23,12,674/-. Therefore a notice u/s. 148 dated 31.03.2019 was issued to the assessee. The assessee replied to the Assessing Officer with bank details and business transaction with various parties. However the Assessing Officer made an addition of Rs. 23,70,57,420/- as the assessed income and demanded tax thereon.
Aggreived against the same, the assessee filed appeal before Ld. CIT(A) which was migrated to NFAC in terms of CBDT Notification. The assessee was given four opportunities of hearing between 08- 02-2021 to 03-08-2023 which were not complied with and no documents produced before Ld. CIT(A), thereby the appeal field by the assessee was dismissed.
Aggrieved against the same, assessee is in appeal before us raising various grounds. Ld. Counsel submitted that the assessee could not attend the hearings before Ld. CIT(A) because of miscommunication and is now prepared to file all relevant documents and evidences before Ld. CIT(A), therefore requested for one opportunity of hearing to make out its case.
Per contra Ld. CIT-DR appearing for the Revenue submitted that the assessee is not cooperative even before the Assessing Officer as well as before Ld. CIT(A). Therefore no question of setting aside the matter, if at all there should be some cost be levied for setting aside the above appeal.
Having heard the rival contentions, to meet the ends of justice, we deem it fit to impose a cost of Rs. 5,000/- payable to Prime Minister National Relief Fund by the assessee within two weeks of receipt of this order. On compliance to the above direction and production of receipt of the cost of Rs. 5,000/-, Ld. CIT(A), NFAC is directed to give one more opportunity of hearing to the assessee and pass order on merits and in accordance with law.
In the result, the appeal filed by the Assessee is allowed for statistical purpose.