HARISH KUMAR,COIMBATORE vs. ITO, NCW-2(1), COIMBATORE

Aforesaid appeal by assessee for Assessment Year (AY) 2017-18 arises out of an order passed by learned Commissioner of Income Tax (Appeals), National Faceless Appeal Centre (NFAC), Delhi [CIT(A)] dated 06-10-2023 in the matter of assessment framed by the Ld. AO on best judgment basis u/s 144 of the Act on 22-11-2019. The Registry has noted delay of 227 days in the appeal, the condonation of which has been sought by the assessee on the strength of affidavit of the assessee. It has been stated that the assessee was unaware of the appellate proceedings and no notice was received by him and the assessee was completely dependent on the erstwhile authorized representative who failed to attend the proceedings also. Considering the same, we condone the delay and proceed for adjudication of the appeal on merits. The limited payer of Ld. AR is to send back the matter back to the file of lower authorities which has been opposed by Ld. Sr. DR.

In the assessment order, Ld. AO made addition of Rs.15.69 Lacs which represents cash deposit in bank accounts. The Ld. CIT(A) confirmed the same since the assessee failed to appear before any of the lower authorities. Aggrieved, the assessee is in further appeal before us. 3. Though the assessee has remained negligent in substantiating its case, however, keeping in mind the principle of natural justice, we accept the prayer of Ld. AR 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 forthwith. 4. The appeal stand allowed for statistical purposes. Order pronounced on 24th September, 2024 (ABY T. VARKEY) (MANOJ KUMAR AGGARWAL) "ाियक सद" /JUDICIAL MEMBER लेखा सद" / ACCOUNTANT MEMBER चे2ई Chennai; िदनांक Dated :24-09-2024 DS आदेशकीIितिलिपअ'ेिषत/Copy of the Order forwarded to : 1. अपीलाथ"/Appellant 2. " थ"/Respondent 3. आयकरआयु;/CIT Coimbatore. 4. िवभागीय"ितिनिध/DR 5. गाड@फाईल/GF