SAJID MOWJEE,KOLKATA vs. ITO, WARD-4(1), KOLKATA

The caption appeal filed by the assessee is directed against the order passed by the National Faceless Appeal Centre, Delhi [the learned CIT (A)] dated 7th December, 2023 arising out of the Assessment order dated 30th December, 2019, passed under Section 143(3) of the Income-tax Act, 1961 (the Act).

Brief facts of the case are that assessee filed its return of income for the A.Y. 2017-18 by declaring total income of ₹33,42,150/-. Subsequently, the case of the assessee was selected for limited scrutiny under CASS (Computer Assisted Scrutiny Selection) in respect of credit card payment made by the assessee. The learned Assessing

Aggrieved by the above order, assessee went in appeal before the Commissioner of Income-tax (Appeals) [the learned CIT (A)], where the appeal of the assessee was dismissed without looking into the merit of the case as well as without considering the submission made by the assessee before him.

Aggrieved by the above order, the assessee is in appeal before this Tribunal. At the time of hearing, the learned Authorized Representative stated that the appellant/ assessee filed details along with documents before the learned CIT (A) in order to substantiate the source of expenditure and as such, the alleged addition was made in contrary to the facts and material available on record. Therefore, another opportunity may be given to the assessee by remanding the matter back to the file of the learned Assessing Officer with a direction to re-examine the issue afresh.

On the other hand, the learned Departmental Representative did not object to such prayer made by the Authorized Representative before the Bench.

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