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Facts
The assessee failed to provide required details and explanations regarding unexplained money to the CIT(A) despite multiple opportunities. Consequently, the CIT(A) upheld the Assessing Officer's action and dismissed the assessee's appeal. The assessee's counsel requested another opportunity to provide the necessary documentation.
Held
The Tribunal observed the assessee's non-compliance before the lower authorities. However, in the interest of justice, the order of the CIT(A) was set aside, and the matter was restored to the Assessing Officer for a de novo assessment, with the assessee directed to submit all relevant documents.
Key Issues
Whether the CIT(A) was justified in dismissing the appeal due to non-compliance and whether a de novo assessment is warranted.
Sections Cited
143(3)
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Income Tax Appellate Tribunal, SURAT BENCH, SURAT
O R D E R PER DR. B.R.R. KUMAR, VICE-PRESIDENT:- Delay condoned This appeal is filed by the Assessee against the appellate order dated 16.07.2024 passed by the Commissioner of Income Tax (Appeals)National Faceless Appeal Centre, Delhi, relating to the Assessment Year 2018-19.
On perusal of the records, it is observed that the assessee was afforded several opportunities of hearing to furnish details, clarifications, and explanations to substantiate the source of unexplained money. However, despite being granted multiple opportunities, the assessee remained non-compliant and failed to furnish the requisite details or Asst. Year : 2018-19 - 2– explanations before the Ld. CIT(A). Consequently, the Ld. CIT(A), based on the material available on record, upheld the action of the Assessing Officer and dismissed the appeal of the assessee. Before us, the Ld. Counsel for the assessee prayed that, given an opportunity, due compliance would be made and all necessary details, clarifications, and explanations would be furnished to the Revenue authorities. We also find the assessee failed to submit the substantial document/evidence before the Assessing Officer. Hence, in the interest of justice, we set aside the order of the Ld. CIT(A) and restore the matter back to the file of the Assessing Officer for de novo assessment. The assessee shall submit all the relevant bank statement/submission/document before the Assessing Officer and comply with the notices issued by the revenue authorities without seeking any unnecessary adjournments.
In the result, the appeal of the assessee is allowed for statistical purposes.