ARULMIGU ADAIKALAM KATHA AYYANAR BADRA KALI,SIVAGANGAI vs. ITO, EXEMPTIONS WARD , MADURAI

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 22-11-2023 in the matter of an assessment framed by Ld. Assessing Officer [AO] u/s. 144 of the Act on 31-10-2019. The assessee is engaged in running a temple and made cash deposit during demonetization period. During assessment proceedings, the assessee remained non-compliant and accordingly, Ld. AO determined income of Rs.102.21 Lacs. The position remained the same during appellate proceedings which is evident from para 5 of the impugned order. Accordingly, the assessment was confirmed against which the assessee is in further appeal before us. The Ld. AR pleaded for another opportunity before lower authorities which has been opposed by Ld. Sr. DR.

Though we concur with the submissions of Ld. Sr. DR, however, keeping in mind the principle of natural justice, we deem it fit to grant another opportunity of hearing to the assessee. Accordingly, the impugned order is set aside and the assessment is restored back to the file of Ld. AO for de novo assessment after affording opportunity of hearing to the assessee. The assessee is directed to substantiate its case forthwith without any fail failing which Ld. AO shall be at liberty to proceed with framing of assessment. The appeal stand allowed for statistical purposes. 3. Order pronounced on 16th April, 2024.