ROSEMERRY VINIMAY PVT LTD,RAIPUR vs. ITO, WARD 11(1), KOLKATA

The captioned appeal filed by the assessee for A.Y. 2011-12, is directed against the order passed by the National Faceless Appeal Centre, Delhi (hereinafter referred to as the ‘ld. CIT(A)’) dated 7th November, 2023 which is arising out of the assessment order passed u/s 144 read with section 147 of the Income-tax Act, 1961 (the Act) dated 20th November, 2018.

At the outset, the ld. Counsel for the assessee submitted that the assessee did not get fair opportunity to appear before ld. CIT (A) and therefore, prayed that the matter may be restored to the file of the ld. CIT (A) for necessary adjudication of the issue raised in

On the other hand, though, the ld. DR supported the orders of the ld. lower authorities but did not oppose to the request of the assessee for restoring the matter to the file of the ld. CIT (A).

We have heard the rival contentions and perused the orders available on record. We find that the assessee is a private limited and is a investment company. Income of ₹5810 filed u/s 139(1) of the Act for A.Y. 2011-12, which was duly processed u/s 143(1) of the Act. Thereafter based on the information received on account of search carried out u/s 132 of the Act on 3rd January, 2018 in case of Super Sonic & Jhunjhunwala Group. The assessee alleged to be beneficiary of accommodation entry amounting to ₹6,49,39,000/-. Based on this information notice u/s 148 of the Act was issued followed by validly serving the other statutory notices. However, even after repeated directions assessee failed to furnish any document/ information to ld. AO, in response to the information called in the questionnaire attached to the notice u/s 142(1) of the Act. The ld. AO thus framed best judgement assessment u/s 144 of the Act making the addition for unexplained cash credit u/s 68 of the Act and income assessed at ₹6,49,39,000/-.

Further, when the matter travelled before the ld. CIT (A), the assessee after filing the appeal failed to appear on the date of hearing fixed by ld. CIT (A) on 9th February, 2021, 25th April, 2023, 11th September, 2023, 9th October, 2023 and 19th October 2023. The ld. CIT (A) was thus, left with no option except to confirm the order of the ld. AO because no details were filed by the assessee before the ld. AO as well as before ld. CIT (A) and thus, the ld. CIT

We on considering the facts and also taking a liberal view find it justified to restore all the issues raised in the instant appeal to the file of the ld. CIT (A) for necessary adjudication for which assessee will be at liberty to file all additional evidences and other submissions if deemed appropriate so that the ld. CIT (A) can frame a speaking order on the issue raised in the instant appeal. Needless, to mention that proper opportunity of being heard to be provided to the assessee and that the assessee should not seek any adjournments unless otherwise required for reasonable cause. Grounds of appeal raised by assessee are allowed for statistical purposes.

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