NARESH AGARWAL,KOLKATA vs. INCOME TAX OFFICER, WARD32(3) , MIDDLETON ROAD

This is the appeal preferred by the assessee against the order of the Ld. Commissioner of Income Tax (Appeals)-NFAC, Delhi (hereinafter referred to as the Ld. CIT(A)”] dated 13.10.2023 for AY 2017-18.

At the time of hearing when the case was called for hearing neither the assessee nor his Authorized representative was present in Court to attend the hearing nor any Assessment Year: 2017-18 Naresh Agarwal application for adjournment was moved before the bench. We observe from the record before us that the assessment has been framed ex-parte by the AO u/s 144 of the Act when the assessee failed to make compliance before the AO on the various dates. Similarly the Ld. CIT(A) decided the issue in liminie dismissing the appeal of the assessee. With the assistance of Ld. D.R we have gone through the facts on record and find that the case was selected for scrutiny on the ground that during demonetization period the assessee has deposited Rs. 18,34,500/- into his bank account with State Bank of India, Tangra Branch, Kolkata. Under the circumstances, we are of the opinion that ends of justice could be met if the assessee is given one more opportunity to present his case on merit before the AO so that the facts could be examined in the correct perspective and issue could be decided de novo based on the facts of the case of the assessee. Accordingly, we restore the case to the file of AO to decide the same after affording reasonable opportunity of hearing to the assessee.

In the result, appeal of the assessee is allowed for statistical purposes.