SUKHJIT SINGH,MOHALI vs. ITO, WARD 6(4), MOHALI

At the outset, the ld. counsel for the assessee has invited my attention to the impugned order of the Assessing Officer to show Sukhjit Singh, Mohali 2 that the same is an ex-parte/best judgment assessment order passed u/s 144 of the Income Tax Act, 1961. He has further invited my attention to the impugned order of the ld. CIT(A) to submit that the same is also an ex-parte order. The ld. counsel has submitted that inspite of the instructions of the assessee, the counsel engaged by the assessee, for the reasons best known to him, did not appear before the ld. CIT(A).

The ld. counsel has further submitted that the assessee is engaged in the business of tour and travelling and money transfer. He has submitted that the alleged deposits in the Bank A/c of the assessee well out of the business receipts i.e. money received from the clients and that the assessee can very well explain the source of the deposits. He has further submitted that for the sake of justice, the assessee may be granted an opportunity to present his case before the Assessing Officer.

The ld. DR, however, has relied upon the findings given by the lower authorities.

I have heard the rival contention. In my view interest of justice will be well served, if the assessee is given an opportunity to present his case before the Assessing Officer. The impugned order of the ld. CIT(A) is accordingly set aside, the matter is restored to Sukhjit Singh, Mohali 3 the file of the Assessing Officer for denovo assessment on this issue. Needless to say that the assessee will promptly participate in the proceedings before the Assessing Officer and will furnish the required documents and details as and when called for by the Assessing Officer. The Assessing Officer will give proper opportunity to the assessee to present his case.

In the result, the appeal of the assessee is treated as allowed for statistical purposes.