THANGARASU BALAMURUGAN,PERUNGALATHUR vs. NCW CORP WARD 22(1) TBM, TAMBARAM

Aforesaid appeal by assessee for Assessment Year (AY) 2018-19 arises out of an order of learned Commissioner of Income Tax (Appeals), National Faceless Appeal Centre (NFAC), Delhi [CIT(A)] dated 17-01- 2024 in the matter of an assessment framed by Ld. Assessing Officer [AO] u/s. 143(3) r.w.s 144B of the Act on 24-04-2021. In the assessment order, Ld. AO made addition of cash deposit and disallowed business expenditure since the assessee failed to make any submission during assessment proceedings. The position remained the same during first appellate proceedings and accordingly, the assessment was confirmed against which the assessee is in further appeal before us. The Ld. AR has pleaded for another opportunity of hearing which has been opposed by Ld. Sr. DR.

Though the assessee has remained negligent, however, keeping in mind the principle of natural justice, we deem it fit to grant another opportunity to the assessee to substantiate its case. Accordingly, we restore the matter back to the file of Ld. AO for fresh assessment after affording reasonable opportunity of hearing to the assessee. The assessee is directed to substantiate its case forthwith failing which Ld. AO would be at liberty to proceed with the assessment on the basis of material on record. 3. The appeal stand allowed for statistical purposes. Order pronounced on 20th May, 2024.