SANYOG ASSOCIATES INFRADEVELOPERS PRIVATE LIMITED,RAMNAGAR vs. INCOME TAX OFFICER, ALMORA

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ITA 58/DDN/2023Status: DisposedITAT Dehradun21 March 2025AY 2016-17Bench: SHRI SATBEER SINGH GODARA (Judicial Member), SHRI M. BALAGANESH (Accountant Member)2 pages
AI SummaryRemanded

What did the Tribunal hold?

The Tribunal found that the NFAC's decision was ex parte and lacked independent findings. Therefore, to ensure justice and fair play, the appeal was restored to the NFAC for a fresh adjudication on merits.

What were the facts?

The assessee's appeal before the ITAT concerned an addition of Rs 82,00,000 made on account of cash deposits. The National Faceless Appeal Centre (NFAC) had decided the issue ex parte without adjudicating on merits.

What were the issues?

Whether the NFAC was justified in sustaining the addition on account of cash deposits without a proper adjudication on merits. The procedural fairness of the NFAC's ex parte decision was also a key consideration.

Which sections of the Income-tax Act were involved?

Section 143(3)

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, DEHRADUN BENCH “DB”, NEW DELHI

Before: SHRI SATBEER SINGH GODARA & SHRI M. BALAGANESH

For Appellant: Shri Prashant Verma, Adv
For Respondent: Shri Amar Pal Singh, Sr. DR
Hearing: 21/03/2025Pronounced: 21/03/2025

O R D E R PER M. BALAGANESH, A. M.: 1. The appeal in AY 2016-17, arises out of the order of the National Faceless Appeal Centre (NFAC), Delhi [hereinafter referred to as ‘ld. NFAC’, in short] in appeal No. ITBA/NFAC/S/250/2023- 24/1053341601(1) dated 31.05.2023 against the order of assessment passed u/s 143(3) of the Income-tax Act, 1961 (hereinafter referred to as ‘the Act’) dated 27.12.2018 by the Assessing Officer, ITO, Ward-2(3)(3), Almora (hereinafter referred to as ‘ld. AO’).

2.

The only effective issue to be decided in this appeal is as to whether the ld NFAC was justified in sustaining the addition made in the sum of Rs 82,00,000/- on account of cash deposits in the facts and circumstances of the instant case.

3.

We have heard the rival submissions and perused the materials available on record. On perusal of the order of the ld NFAC, we find that the ld NFAC had decided the issue ex parte without adjudicating the issue on merits giving its independent finding. Hence, in the interest of justice and fairplay, we deem it fit and appropriate to restore this appeal to file of ld NFAC for de novo adjudication in accordance with law. Needless to mention the assessee be given reasonable opportunity of being heard. The assessee is directed to cooperate with ld NFAC for expeditious disposal of the appeal by not taking unwarranted adjournments. Hence, the grounds raised

by the assessee are allowed for statistical purposes.

4. In the result, the appeal of the assessee is allowed for statistical purposes.

Order pronounced in the open court on 21/03/2025.

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