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Before: Shri S.S. Viswanethra Ravi & Shri S.R. Raghunatha
PER S.S. VISWANETHRA RAVI, JUDICIAL MEMBER:
This appeal filed by the assessee is directed against the order dated 18.10.2023 passed by the ld. Commissioner of Income Tax (Appeals), National Faceless Appeal Centre [NFAC], Delhi for the assessment year 2013-14.
The assessee raised 6 grounds of appeal, amongst which only issue emanates for our consideration as to whether the ld. CIT(A) is
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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 section 147 read with section 144 of the Income Tax Act, 1961 [“Act” in short] and determined the income of the assessee at ₹.2,05,04,000/-. As per information received from Non-Filer Monitoring System for the financial year 2012-13 relevant to the assessment year 2013-14, the assessee purchased immovable property of ₹.2,05,04,000/-. Accordingly, various notices have been issued on the assessee. Since there was no response from the assessee against the notices, the Assessing Officer proceeded to complete the assessment according to his best judgement in the absence of any explanation from the assessee by treating the same as unexplained investment under section 69 of the Act and added back to the total income of the assessee. On perusal of the appellate order, we note that the ld. CIT(A) confirmed the order of the Assessing Officer since there was no representation from the assessee.
The ld. AR Shri Shrenik Chordia, CA, submits that due to the circumstances beyond its control, the assessee could not represent its
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case either before the Assessing Officer or before the ld. CIT(A). The ld. AR requested to remand the matter to the file of the Assessing Officer as the assessee is ready to prosecute its 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 6 are allowed for statistical purposes.
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In the result, the appeal filed by the assessee is allowed for statistical purposes. Order pronounced on 24th July, 2024 at Chennai.
Sd/- Sd/- (S.R. RAGHUNATHA) (S.S. VISWANETHRA RAVI) ACCOUNTANT MEMBER JUDICIAL MEMBER Chennai, Dated, 24.07.2024 Vm/- आदेश की �ितिलिप अ�ेिषत/Copy to: 1. अपीलाथ�/Appellant, 2.��थ�/ Respondent, 3. आयकर आयु�/CIT, Chennai/Madurai/Coimbatore/Salem 4. िवभागीय �ितिनिध/DR & 5. गाड� फाईल/GF.