Alok Dave Vs ITO (ITAT Delhi)
In the matter abovementioned ITAT restored the matter to AO after observing that both the lower authorities have passed ex-parte order.
Assessee filed return of Income at Rs. 3,33,950/- after claiming deductions under chapter – VIA and exempt income. Case was selected for scrutiny. When no compliance was made against the notices issued then AO assessed the total income of the assessee at Rs. 147,41,32,603/-. CIT (A) upheld additions made by AO.
Before ITAT it was submitted by assessee that both the lower authorities have erred in deciding the appeal ex-parte. Revenue also admitted that orders of lower authorities were ex-parte.
Finally, ITAT held that both the lower authorities ought to have given a reasonable and adequate opportunity of being heard to the assessee and hence matter is restored to file of the AO.
The appeal of the assessee was allowed for statistical purposes.
FULL TEXT OF THE ORDER OF ITAT DELHI
This appeal by the assessee is preferred against the order of the NFAC, Delhi dated 24.01.2024 pertaining to A.Y 2018-19.
2. The assessee has raised the following grounds of appeal:
“1. That on the facts and circumstances of the case, the appellate order passed by the ld. CIT(A) is bad in the eyes of law and on facts.
2. That on the facts and circumstances of the case, the CIT(A) order erred in not adjudicating and dismissing the appeal for non-prosecution which is gross violation of principles of natural justice.
3. That on the facts and circumstances of the case, the ld. CIT(A) erred both in law and facts in confirming addition of Rs. 147,38,00,803/- u/s 69A of the Act on account of unexplained money made by the Assessing Officer in total gross error and in biased and prejudice manner as the total amount credited in respective bank accounts of the appellant is Rs. 9,54,43,373/-only through RTGS without verifying from the respective bank statements available with him/on record.
4. That on the facts and circumstances of the case, the ld. CIT(A) erred both in law and facts in confirming addition of Rs. 147,38,00,803/- u/s 69A of the Act on account of unexplained money made by the Assessing Officer in total gross error and in biased and prejudice manner without appreciating the reply filed by the assessee during the course of assessment proceedings.”
3. Representatives of both the sides were heard at length. Case records carefully perused. Relevant documentary evidence brought on record duly considered in light of Rule 18(6) of the ITAT Rules.
