Agrawal Rajeshkumar Babulal Vs ACIT (ITAT Ahmedabad)
ITAT Ahmedabad held that CIT(A) dismissed the appeal due to non-compliance of the opportunities granted to the assessee. Accordingly, cost of Rs. 10,000 imposed on the assessee and matter remanded back to CIT(A).
Facts- The assessee is HUF engaged in the business of commercial crop in the proprietorship concern M/s. Shree Mahavir Trading Co. The return of income for A.Y. 2017-18 was filed on 07.07.2018 declaring Nil income. The case was selected for complete scrutiny under CASS. The assessment was completed u/s. 143(3) of the Income Tax Act, 1961 on 31.12.2019 at total income of Rs.5,12,74,637/- by making some additions. CIT(A) dismissed the appeal. Being aggrieved, the present appeal is filed.
Conclusion- Held that all the additions made by the AO can be adjudicated only after examining the documentary evidences as mentioned in the order of the Ld. CIT(A). Since, the matter was not examined on merits, as the assessee didn’t make any compliance in the appellate proceeding, we deem it proper to set aside the matter to the file of the Ld. CIT(A) with a direction to allow another opportunity to the assessee to furnish the required documents and thereafter to decide the matter on merits.
