GENLITE ENGINEERING PRIVAYE LIMITED,CHENNAI vs. ACIT (OSD), CORP RANGE-2, CHENNAI

Aforesaid appeal by assessee for Assessment Year (AY) 2013-14 arises out of an order passed by learned Commissioner of Income Tax (Appeals), National Faceless Appeal Centre (NFAC), Delhi [CIT(A)] on 23-01-2024 in the matter of an order passed by Ld. Assessing Officer [AO] u/s. 154 of the Act on 02-02-2023.

The assessee was assessed u/s 143(3) on 24-03-2016, inter-alia, by making disallowance u/s 40(a)(ia) for want of TDS on certain payments. The assessee sought rectification of the same u/s 154 on certain grounds. The Ld. AO rejected the same vide order dated 02-02- 2023. The assessee preferred further appeal. Upon perusal of para-5 of impugned order, it could be seen that the assessee failed to make any representation. The Ld. CIT(A) dismissed the appeal on technical ground that the aforesaid issue arises out of an assessment framed u/s 143(3). Aggrieved, the assessee is in further appeal before us. The Ld. AR has sought another opportunity of hearing which has been opposed by Ld. Sr. DR. 3. Keeping in mind the principle of natural justice, we deem it fit to grant another opportunity to the assessee to substantiate its case. Therefore, the matter is restored back to the file of Ld. CIT(A) for de novo adjudication after affording reasonable opportunity of hearing to the assessee. The assessee is directed to substantiate its case. All the issues are kept open. 4. The appeal stand allowed for statistical purposes.