CHOCKALINGAM RAJASEKAR,SALEM vs. DCIT CIRCLE 1-(1), SALEM

Aforesaid appeal by assessee for Assessment Year (AY) 2017-18 arises out of the order of learned Commissioner of Income Tax, (Appeals), National Faceless Appeal Centre (NFAC), Delhi [CIT(A)] dated 22-12-2023 in the matter of an assessment framed by Ld. Assessing Officer [AO] on best judgment basis u/s 144 of the Act on 23- 09-2019. The grievance of the assessee is confirmation of certain additions i.e., Rs.20.23 Lacs as unexplained money u/s.69A, Rs.10.77 Lacs as unaccounted business income and Rs.14.36 Lacs as unaccounted house property income. The registry has noted a delay of one day in the appeal, which stand condoned.

The assessment has been framed on best judgment basis since the assessee failed to make any representation therein. The position remained the same during appellate proceedings as well and accordingly, the assessment was confirmed. The Ld. AR has pleaded for another opportunity of hearing which has been opposed by Ld. Sr. DR. 3. 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, the orders of lower authorities are set aside and the matter is restored back to learned AO for de novo assessment after affording reasonable opportunity of hearing to the assessee. The assessee is directed to substantiate its case forthwith failing which Ld. AO shall be at liberty to proceed with framing of assessment on the basis of material on record. 4. The appeal stand allowed for statistical purposes. Order pronounced on 6th May, 2024 Sd/- Sd/- (MANU KUMAR GIRI) (MANOJ KUMAR AGGARWAL) �ाियक सद4 / JUDICIAL MEMBER लेखा सद4 / ACCOUNTANT MEMBER चे4ई Chennai; िदनांक Dated : 06-05-2024 DS आदेशकीTितिलिपअ/ेिषत/Copy of the Order forwarded to : 1. अपीलाथ�/Appellant 2. � थ�/Respondent 3. आयकरआयु=/CIT 4. िवभागीय�ितिनिध/DR 5. गाडBफाईल/GF