RASIKKUMAR PUNJIRAM THAKKAR,MUDWADA vs. INCOME TAX OFFICER WARD 4, PATAN, PATAN

The grounds raised by the assessee in the appeal reads as under:

A perusal of the above grounds would indicate that the assessee has challenged addition of Rs.26,55,500/- being unexplained cash deposits in bank under section 69A of the Act. Besides, the assessee has also raised a primary issue in the grounds challenging the order of the ld.CIT(A) being passed without providing adequate opportunity to the assessee and thereby violating principle of natural justice.

I have gone through the impugned order of the ld.CIT(A) and I find that the impugned order was passed ex parte owing to non- compliance of various notices by the assessee issued on 18.3.2020, 25.12.2020 and 14.11.2023. The ld.CIT(A) also noted that to prove the case of the assessee, it is essential for the assessee to furnish concrete proof to support its contention and substantiate the nature of cash deposits in the bank. He, thus, confirmed the action of the AO. Considering the orders of the Revenue authorities, I find that in the interest of justice, the assessee shall be provided one more opportunity to defend its case before the Revenue authorities, and for this purpose, I remand the issue back to the ld.CIT(A) with direction to adjudicate the matter afresh after providing reasonable opportunity to the assessee. Needless to add, the assessee shall cooperate and comply with the notice to be issued by the Department in the set aside proceedings before the ld.CIT(A) and should not indulge unwarranted delay tactics.

The appeal of the assessee is allowed for statistical purpose.