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Facts
The assessee failed to comply with notices issued by the AO for filing return of income after the assessment was reopened under section 147 due to information about large cash deposits in bank accounts. Despite delayed submissions and contestation of notices, the AO proceeded to treat the return as non-est and confirmed additions. The CIT(A) also confirmed the AO's order.
Held
The Tribunal noted that the AO did not have sufficient opportunity to examine the facts and evidence due to delayed submissions by the assessee. In the interest of justice, the case was restored to the AO for de novo assessment, directing the assessee to provide all required details.
Key Issues
Whether the assessment proceedings were conducted properly and if the assessee was given adequate opportunity to present its case.
Sections Cited
147, 68, 144, 144B, 143(2)
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Income Tax Appellate Tribunal, ‘C’ BENCH: CHENNAI
Before: SHRI ABY T VARKEY & SHRI AMITABH SHUKLA
आदेश / O R D E R PER AMITABH SHUKLA, A.M : This appeal is filed against the order bearing DIN & Order No.ITBA/NFAC/S/250/2022-23/1059814833(1) dated 17.01.2024 of the Learned Commissioner of Income Tax [herein after “CIT(A), National Faceless Appeal Center[NFAC], Delhi, for the assessment year 2013-14. Through the aforesaid appeal the assesse has challenged order u/s 250 dated 17.01.2024 passed by NFAC, Delhi.
2.0 At the outset, the Ld. Counsel for the assesse requested that the case be set aside for re-adjudication as it has not been offered adequate opportunities by the lower authorities to present its case. 3.0 The Ld. DR placed his reliance upon the orders of authorities below. 4.0 We have heard rival submissions in the light of material available on records. The Ld. AO noted that in this case assessment was reopened u/s 147 on account of information that the assesse had deposited large sums of cash in its bank accounts. The assesse did not comply with the Ld. AO’s initial notice u/s 148 dated 30.03.2021 to file return of income. The assesse contested the notice which was responded by the Ld. AO. The Ld. AO issued further notices which remained un-complied. In response to the show cause notices dated 11.03.2022 the appellant submitted reply and also filed its return of income on 16.03.2022. The assesse asked for reasons for reopening which according to Ld. AO were liable to be supplied only if the return was filed in time given in 148. Yet the Ld. AO proceed to supply the assesse’s reasons of reopening. The Ld. AO however proceeded to treat the return as non est and therefore did not issue notice u/s 143(2). In response to Ld. AO’s notices, the assesse submitted few details on 24.03.2022. The Ld. AO upon analyzing the details concluded that an amount of Rs.5,43,50,000/- was liable for addition u/s 68. The Ld. AO recorded that assesse deliberately avoided assessment proceedings. The Ld.AO accordingly passed an order u/s 147 r.w.s 144 r.w.s 144B. The Ld. CIT(A) proceeded to confirm the order of the Ld. AO. In para-8.2 of his order the Ld. CIT(A) observed that the assesse has provided very late details to the Ld. AO leaving no time for him to conduct any enquiry. Accordingly, he conformed the addition. 5.0 Upon consideration of material available on records, it is abundantly clear that the Ld. AO has not had the opportunity to examine the full facts of the case in the light of requisite evidences. It is also clear that the assesse has not been forthright in timely providing the requested details. Be that as it may in the interest of justice and of fair play, we deem it appropriate to restore the file back to the Ld. AO with the directions to conduct the assessment proceedings de novo after considering all the material placed on records. The assesse is directed to render all the details required by the Ld. AO and comply with his notices. Any non-compliance shall be adversely viewed. The Ld. AO on his part would offer sufficient opportunity of being heard to the assesse. To this extent the order of lower authorities is set aside and the ground of appeal raised by the assesse are allowed for statistical purposes.