BAYSHORE PROPERTIES PRIVATE LIMITED,ERNAKULAM vs. INCOME TAX OFFICER, CORPORATE WARD I(I), KOCHI

It emerges at the outset with the able assistance coming from both the parties that the CIT(A)/NFAC’s impugned ex-parte lower appellate discussion has upheld the Assessing Officer’s action rejecting the assessee’s books thereby estimating 8% of it’s turnover of Rs.2,56,85,567/-; coming to Rs.20,54,845/- as it’s business income.

Learned DR vehemently argued in support of the impugned addition made in assessee’s hands. The assessee at this stage invited our attention to the CIT(A)'s detailed discussion at page-5 in para-4 to buttress the point that this is an ex-parte order wherein the hearings had been resumed after 17.03.2020 [during Covid-2019 pandemic outbreak] to 27.03.2023 i.e., almost a gap of three years. We sought to know from the department side about the actual service of notice to the assessee wherein no satisfactory answer came. Faced with this situation, we deem it appropriate in the larger interest of justice to restore the instant issue back to the learned CIT(A)-NFAC for it’s afresh verification and adjudication with a rider that it shall be the assessee’s risk and responsibility only to plead and prove all the related facts within three effective opportunities of hearing in consequential proceedings. Ordered accordingly.