M/S. KUMBHA AGENCIES,CHENNAI vs. ITO, NON CORP WARD 1(4), CHENNAI, CHENNAI

Aforesaid appeal by assessee for Assessment Year (AY) 2015-16 arises out of the order of learned Commissioner of Income Tax (Appeals), National Faceless Appeal Centre (NFAC), Delhi [CIT(A)] dated 03-08-2023 in the matter of an assessment framed by Ld. Assessing Officer [AO] u/s. 143(3) of the Act on 30-12-2017. Upon perusal of para-5 of the impugned order, it could be seen that the assessee failed to file any details during appellate proceedings. The Ld. AR pleaded for another opportunity of hearing before lower authorities.

The Registry has noted delay of 76 days in the appeal, the condonation of which has been sought by Ld. AR on the strength of the condonation petition which is accompanies by affidavit of a partner of assessee firm. It has been submitted that delay has occurred since the firm closed down its business operations. Considering the same the delay is condoned and we proceed for disposal of the appeal as per submissions made by Ld. AR. 3. 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 appeal is restored back to the file of Ld. CIT(A) for de novo adjudication after affording opportunity of hearing to the assessee. The assessee is directed to substantiate its case forthwith without any fail failing which Ld. CIT(A) shall be at liberty to proceed with the disposal of the appeal on merits. 4. The appeal stand allowed for statistical purposes. Order pronounced on 16th April, 2024.