JAGDISH SINGH,DURGAPUR vs. COMMISSIONER OF INCOME TAX (APPEALS), DELHI

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 8th January, 2024 arising out of the Assessment order dated 28th December, 2018, passed under Section 143(3) read with section 147 of the Income-tax Act, 1961 (the Act).

At the time of hearing no one turned up before the Bench, although, notices were issued from the registry time to time to the assessee on such address provided in form no. 36 of the appeal and in the order sheet also reflected that on 20th May, 2024, no one appeared before the Bench.

Brief facts of the case are that the assessee is an individual and deposited cash of ₹33,75,000/- in saving bank account during the F.Y. 2010-11, but the assessee did not file his return of income therefore, the case of the assessee was reopened under Section 147 of the Income- tax Act, 1961 (the Act) followed by notice issued under Section 142(1) of the Act.

After considering the reply of the assessee, an open enquiry was made under Section 133(6) of the Act. The learned Assessing Officer passed an assessment order under Section 143(3) read with section 147 of the Act on 28th December, 2018, wherein an addition of ₹38,54,809/- was made in the hands of the assessee under following heads:-

Aggrieved by the above order, the assessee is in appeal before this Tribunal, raising nine grounds of appeal.

The learned Departmental Representative stated that the assessee has raised multiple grounds before the Bench, however, the assessee did not file any paper book or written submission before the Bench in order to substantiate its grounds of appeal. Therefore, the Tribunal may set aside whole issue to the file of the learned Assessing Officer with a direction to re-examine the issue afresh after affording reasonable opportunity of being heard to the assessee.

In the result, the appeal of the assessee is allowed for statistical purposes. Order pronounced in the open court on 9th August, 2024.