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िनधा�रती की ओर से /Assessee by P.M. Jagasheth, CA राज� की ओर से /Revenue by Shri Vinod Kumar, Sr-DR अपील पंजीकरण/Appeal instituted on 27.07.2023 सुनवाई की तारीख/Date of hearing 29.12.2023 उद्घोषणा की तारीख/Date of 29.12.2023 pronouncement Order under section 254(1) of Income Tax Act PER PAWAN SINGH, JUDICIAL MEMBER: 1. This appeal by assessee is directed against the order of National Faceless Appeal Centre, Delhi [for short to as ‘NFAC/Ld. PCIT’] dated 28.06.2023 for assessment year 2015-16, which in turn arises out of assessment order passed by Assessing Officer passed assessment order under section 143(3) of the Income Tax Act, 1961 (hereinafter referred to as ‘the Act’) dated 14.08.2017. The assessee has raised the following grounds of appeal:- “1.On the facts and in the circumstances of the case as well as the law on the subject, the learned Commissioner of the Income Tax (Appeals) has erred in confirming the action of the Assessing Officer in making addition of Rs.43,09,584/- on account of alleged unexplained investment in property.
(A.Y 15-16) Liladhar N. Hingrajya
On the facts and in the circumstances of the case as well as the law on the subject, the learned Commissioner of the Income Tax (Appeals) has not offered adequate opportunities to here the case and passed ex-parte order and hence the case may please be set aside and restored back to the CIT(A) or AO.
On the facts and in the circumstances of the case as well as the law on the subject, the learned Commissioner of the Income Tax (Appeals) has erred in confirming the action of the Assessing Office initiating penalty proceedings u/s 271(1of the Income Tax Act, 1961. 4.It is therefore prayed that the above addition may please be deleted as learned members of the Tribunal may deem it proper. 5. Appellant craves leave to add, alter or delete any ground(s) either before or in the course of the hearing of the appeal.” 2. Rival submission of Ld. Authorized Representative (Ld.AR) for the assessee and Ld. Senior Departmental Representative (Ld. Sr-DR) for the Revenue heard and record perused. The Ld.AR of the assessee submits that Assessing Officer as well as NFAC/Ld.CIT(A) made the addition for the want of proper reply and explanation and passed ex- party order. The Assessing Officer made addition on account of unexplained investment in property. The NFAC/Ld.CIT(A) confirmed the action of Assessing Officer in ex parte order. The Ld.AR of the assessee submits that NFAC/Ld.CIT(A) sent the notice on the different e-mail, though assessee has given e-mail to his counsel for the purpose of service of notice of appeal. Since no such notice was served on the e-mail provided in Form-35 (appeal form), therefore, no proper compliance could be made. The Ld. AR of the assessee submits that assessee has good case on merit and is likely to succeeds if one more opportunity is granted to explain source of (A.Y 15-16) Liladhar N. Hingrajya