NARESH AGARWAL,KOLKATA vs. INCOME TAX OFFICER, WARD32(3) , MIDDLETON ROAD
What did the Tribunal hold?
The Tribunal restored the case to the file of the AO to decide the issue de novo after affording the assessee a reasonable opportunity of hearing. This was done to ensure that the facts could be examined in the correct perspective.
What were the facts?
The assessee's appeal was dismissed by the CIT(A) in limine. The assessment was framed ex-parte by the AO due to the assessee's non-compliance. The case was selected for scrutiny due to a deposit of Rs. 18,34,500/- during the demonetization period.
What were the issues?
Whether the assessee was given a proper opportunity to present their case before the AO and CIT(A) when the assessment was framed ex-parte and the appeal was dismissed in limine.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, “A” BENCH: KOLKATA
Before: Shri Rajpal Yadav, Vice- & Shri Rajesh Kumar]
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.
Order is pronounced in the open court on 8th October, 2024
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