TAMOGNA ENTERPRISES PRIVATE LIMITED,HYDERABAD vs. ITO., WARD-2(1), HYDERABAD

The brief facts of the case are that the assessee has not filed its return of income for the A.Y 2016-17. As per underlying information, the assessee company received

Page 1 of 4 professional/technical fees, contract receipts, Interest income, commission/brokerage income, Rental income and Insurance commission during the year. As per provision, TDS has been deducted by the related parties on income credited/accrued to the assessee. However, the assessee did not offer this income by filing ITR for A.Y. 2016-17 which resulted income escaped assessment. Hence, the case of the assessee was re-opened u/s 147 of the Income Tax Act, 1961. The assessee has not filed ITR u/s 148 of the Act in response to notice issued u/s 148. Further, notices u/s 142(1) and questionnaire have been issued from time to time calling certain information from assessee in order to verify the issues under consideration. However, the assessee did not comply with the statutory notices issued u/s 142(1) of the Act. A reminder notice was also issued to assessee on 16/12/2021 for necessary compliance, however, the assessee still did not file reply. Finally, a show cause notice u/s 144 was issued on 28/01/2022 giving an opportunity to show cause as to why the assessment should not be completed on the basis of materials available in records. Thus, the Assessing Officer completed the assessment on the basis of materials available on records and on best judgement u/s 144 of the Act and made a demand of Rs.1,56,68,090/-.

Being aggrieved, the assessee preferred an appeal before the learned CIT (A) but could not succeed.

Aggrieved by the order of the learned CIT (A), the assessee is in appeal before the Tribunal.

The learned Counsel for the assessee submitted that if an opportunity is given, the assessee would be in a position to explain its case before the Assessing Officer or the learned CIT (A) with requisite details and documentary evidence.

The learned DR, on the other hand, supporting the orders of the authorities below submitted that the assessee did not comply to the statutory issued by the Department on several occasions. Hence, the orders of the Assessing Officer and the learned CIT (A) should be upheld and the grounds raised by the assessee should be dismissed.

We have heard both the parties, perused the material available on record and gone through the orders of the authorities below. Admittedly, the assessee did not comply with the statutory notices issued by the authorities below. Considering the totality of the facts and circumstances of the case and to provide one more opportunity of being heard to the assessee, we deem it proper to restore the issue back to the file of the Assessing Officer with a direction to give reasonable opportunity of being heard to the assessee. The assessee is also hereby directed to appear before the Assessing Officer on the appointed date and time with all the requisite details/documentary evidence without seeking any Page 3 of 4 adjournment under any pretext. We levy a nominal fee of Rs.5000/- on the assessee and the assessee is hereby directed to pay sum of Rs.5000/- at the Telangana State Legal Aide Authorities at the Hon'ble Telangana High Court within a period of 30 days from the date of this order and submit necessary payment slips to the Registry. We hold and direct accordingly.

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