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Facts
The assessee's appeal was directed against the order of the CIT(A)/NFAC. The assessment was completed under Section 144 of the Income-tax Act. The assessee contended that neither the Assessing Officer nor the CIT(A) properly examined the bank statements or ledger accounts.
Held
The Tribunal noted that no one appeared for the assessee and the case proceeded with the assistance of the ld. DR. The Tribunal found that the AO and CIT(A) should have provided sufficient opportunity to the assessee. Therefore, the issue was restored to the AO for proper examination and adjudication.
Key Issues
Whether the AO and CIT(A) provided sufficient opportunity to the assessee to explain their case and properly examine the materials on record.
Sections Cited
144, 69A
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, DELHI ‘G’ BENCH,
Before: SHRI ANUBHAV SHARMA, & SHRI NAVEEN CHANDRA
This appeal by the assessee is directed against the order of the ld. CIT(A)/NFAC, Delhi dated 20.08.2024 pertaining to A.Y 2017-18.
None appeared for and on behalf of the assessee. We decided to proceed with the assistance of the ld. DR. Therefore, the ld. DR was heard at length and the Case records were carefully perused.
At the very outset, we find from a perusal of the grounds of appeal that the assessment has been completed u/s 144 of the Income-tax Act, 1961 [the Act, for short] and the grievance of the assessee is that neither the Assessing Officer nor the ld. CIT(A) have considered the materials on record. It is the say of the assessee that neither the AO nor the CIT(A) properly examined the Bank statements for deposits or the authenticated ledger account of the Gujrat Co-operative Milk Marketing
The ld DR did not raise any serious objection or controverted the facts emanating from the records.
We find that the AO and the CIT(A) should have given sufficient and adequate opportunity to the assessee to explain his case. We are, therefore, of the considered view that in the interest of justice and fair play, the issue of addition u/s 69A be restored to the file of the ld. Assessing Officer for proper examination and adjudication. The Assessing Officer is directed to decide the issues afresh after affording a reasonable and adequate opportunity of being heard to the assessee.
The assessee is also directed to provide necessary information/documents as required by the authorities. allowed for statistical purposes.
Order pronounced in open court on 08.10.2025.