SUGANDH SAHIL GUPTA,BHAVNAGAR vs. THE INCOME TAX OFFICER,WARD-1(5), BHAVNAGAR

The instant appeal filed at the instance of the assessee is directed against the order dated 26.09.2023 passed by the National Faceless Appeal Centre (NFAC), Delhi, arising out of the order dated 23.12.2019 passed by the ITO, Ward - 1(5), Bhavnagar, under Section 143(3) of the Act for Assessment Year 2017-18.

Appeal is time barred by 19 days. An application alongwith affidavit explaining such delay has also been filed by the appellant. The contents whereof is as follows:

Having heard the Ld. Counsels appearing for the parties and having regard to the facts and circumstances, particularly the explanation rendered by the appellant as reproduced hereinabove which seems to be genuine, we condone the delay in preferring the appeal before us.

The appellant has challenged an ex parte order passed by the NFAC, Delhi, whereby and whereunder, the addition made by the Ld. AO to the tune of Rs.25,80,000/- as unexplained cash credit under Section 68 of the Act has been confirmed. At the time of hearing of the instant appeal, Ld. Counsel appearing for the appellant submitted before us that it is a fact that the appellant was served with three notices but the appellant could not appear before the First Appellate Authority, since, he was not having the evidences to be adduced before him which was germane to the issue of cash deposit involved in the matter and was practically gathering those documents. He, therefore, prays for a further opportunity of being heard by the Ld. AO to enable him to represent the appellant’s case in its proper spirit. Certain additional evidences have also been filed before us by way of an application made by the appellant which are also prayed to be considered by the authorities below for proper adjudication of the issue. Such prayer made by the Ld. AR has not been controverted by the Ld. DR with all his fairness.

Having heard the Ld. Counsels appearing for the parties and having regard to the facts and circumstances of the case, we upon admitting these additional evidences find it fit and proper to provide further opportunity of being heard to the appellant on the (Sugandh Sahil Gupta vs. ITO) A.Y.– 2017-18 - 4 – proposed addition by the Ld. AO. In this regard, the appellant is also directed to furnish all the documents as asked for by the Ld. AO or Ld. CIT(A) before the Ld. AO, who is further directed to finalise the issue upon hearing the appellant and upon considering the evidence on record or any other evidence which the assessee may choose to file at the time of hearing of the matter. We also make it clear that in the event the assessee fails to co-operate with the Ld. AO, the authority will be at liberty to pass order strictly in accordance with law.

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