SANJEEV KUMAR,NEW DELHI vs. ITO, WARD-41(3), NEW DELHI

PER N. K. BILLAIYA, AM:

“8. We have carefully perused the orders of the authorities below. The basis of the assessment is that when the assessee was asked to produce the books of accounts it was submitted in its reply that the books of accounts cannot be produced due to the reasons that the books of accounts has been submitted to DVAT department. The assessee also submitted a copy of the public notice for sealing of premises issued by the DVAT and Enforcement Department Delhi. These facts are coming out of the assessment order itself, therefore, we are convinced that the assessee was prevented by reasonable and sufficient cause for not producing the books of accounts during the assessment proceedings as well as the appellate proceedings, therefore, in the interest of justice and fair play we deem it fit to restore both the appeals to the files of the AO. The AO is directed to examine the books of accounts and decide the issue afresh after affording a reasonable and sufficient opportunity of being heard to the assessee and the assessee is directed to produce the books of accounts for verification.

9. In the result, both the appeals are allowed for statistical purpose.”