N S K BUILDERS PRIVATE LIMITED,TRICHY vs. JCIT, RANGE 1, TRICHY

Aforesaid appeal by assessee for Assessment Year (AY) 2011-12 arises out of the order of learned Commissioner of Income Tax (Appeals), National Faceless Appeal Centre (NFAC), Delhi [CIT(A)] dated 28-12-2023 in the matter of an assessment framed by Ld. AO on best judgment basis u/s. 144 of the Act on 06-03-2014. The Ld. AO estimated business income and made addition of cash deposits. The additions were confirmed by first appellate authority. The Tribunal restored the appeal back to the file of Ld. CIT(A). However, the assessee did not respond to the hearing notices and remained non-compliant. Accordingly, the appeal was again dismissed against which the assessee is in further appeal before us. The Ld. AR has prayed for restoration of matter back to the file of Ld. AO which has been opposed by Ld. Sr. DR.

Considering the fact that this was second round, we are not inclined to remand the matter back to the file of Ld. AO as pleaded by Ld. AR. However, keeping in mind the principle of natural justice, we deem it fit to grant another opportunity to the assessee to substantiate its case before Ld. CIT(A). The same would come at a cost of Rs.5,000/- which shall be deposited by the assessee within 30 days from the date of receipt of this order to ‘Tamil Nadu State Legal Services Authority’ at Hon’ble High Court of Madras. The proof of the same shall be furnished by the assessee to learned CIT(A) who shall proceed for de novo adjudication after affording reasonable opportunity of hearing to the assessee. The assessee is directed to substantiate its case forthwith failing which Ld. CIT(A) shall be at liberty to dispose-off the appeal on the basis of material on record. The appeal stand allowed for statistical purposes. 3. Order pronounced on 6th May, 2024 (MANU KUMAR GIRI) (MANOJ KUMAR AGGARWAL) "ाियक सद# / JUDICIAL MEMBER लेखा सद# / ACCOUNTANT MEMBER चे4ई Chennai; िदनांक Dated : 06-05-2024 DS आदेशकी@ितिलिपअ"ेिषत/Copy of the Order forwarded to : 1. अपीलाथ"/Appellant 2. " थ"/Respondent 3. आयकरआयु=/CIT 4. िवभागीय"ितिनिध/DR 5. गाडBफाईल/GF