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Before: Shri S.S. Viswanethra Ravi & Shri S.R. Raghunatha
O R D E R
PER S.S. VISWANETHRA RAVI, JUDICIAL MEMBER:
This appeal filed by the assessee is directed against the order dated 07.06.2024 passed by the ld. Commissioner of Income Tax (Appeals), National Faceless Appeal Centre [NFAC], Delhi for the assessment year 2018-19.
We find that this appeal is filed with a delay of 284 days. The assessee filed a petition for condonation of delay in the form of duly notarized affidavit stating reasons for the said delay and prayed for condonation of that delay. On perusal of the affidavit and upon hearing both the parties, we find that the reasons explained by the assessee are bonafide and therefore, the delay is condoned.
The assessee raised 5 grounds of appeal, amongst which only issue emanates for our consideration as to whether the ld. CIT(A) is justified in confirming the order of the Assessing Officer without there being proper opportunity to the assessee.
At the outset, we note that the assessment was completed under 4. section 143(3) read with sections 143(3A) & 143(3B) of the Income Tax Act, 1961 [“Act” in short] by disallowing the payment of interest claimed under section 24(b) of the Act at ₹.2,00,000/- against the current year loss to be carried forward of ₹. (-)14,89,659/- by holding that the loss from house property as claimed by the assessee to be carried over to subsequent years for set off is not allowed. On perusal of the appellate order, we note that the ld. CIT(A) confirmed the order of the Assessing Officer.
The ld. AR Shri I. Dinesh, Advocate submits that against the notice issued under section 142(1) of the Act, before the Assessing Officer, the assessee furnished copy of the computation of total income, balance sheet as at 31.03.2018, capital account for the year ending 31.03.2018 and copy of 26AS statement and also informed that remaining details shall be submitted in due course. He further submits that without any further intimation to the assessee, the Assessing Officer concluded the assessment. The ld. AR requested to remand the matter to the file of the Assessing Officer as the assessee is ready to furnish remaining details and to prosecute his case if the Tribunal afford an opportunity.
The ld. DR Shri Aroon Prasad, Addl. CIT reported objection that the Assessing Officer and the ld. CIT(A) given many opportunities to the assessee, as the assessee failed to utilize the same.
As discussed above, we note from the assessment order as well as impugned order, it is established that there was no opportunity for the assessee in prosecuting his case, but, however, on the undertaken given by the ld. AR that the assessee is ready to prosecute his case before the Assessing Officer without fail, we deem it proper in the interest of justice to remand the matter back to the file of the Assessing Officer for his consideration afresh. The assessee is at liberty to file evidence in support of his claim and the Assessing Officer shall conduct the assessment proceedings de novo. Thus, grounds Nos. 1 to 5 are allowed for statistical purposes.
In the result, the appeal filed by the assessee is allowed for statistical purposes. Order pronounced on 24th July, 2024 at Chennai.