SABA HUSSAN ANSARI, BHOPAL V. DCIT 2(1) DELHI, DELHI

ITA 285/Ind/2024

• Counselvise Citation: [2024] 101 COUNSELVISE.COM (IT) 4994 (ITAT-INDORE)
• Duration Of Justice: 4 month(s) 7 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 12-08-2024
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: DB
• Next Hearing Date: 11-08-2024
• Assessment Year: misc
• Appeal Filed On: 04-04-2024
• Result in Favour of: Matter Remanded
• Court: TRIBUNAL
• Section: 147; 144

Judgement Text

Page 1 of 3 आयकर अपीलीय अिधकरण, इंदौर Ɋायपीठ, इंदौर IN THE INCOME TAX APPELLATE TRIBUNAL INDORE BENCH, INDORE BEFORE SHRI VIJAY PAL RAO, JUDICIAL MEMBER AND SHRI B.M. BIYANI, ACCOUNTANT MEMBER ITA No. 285/Ind/2024 Assessment Year: 2014-15 Saba Hussan Ansari, 110/5, Badwai, Bhopal बनाम/ Vs. DCIT 2(1), Delhi (Assessee/Appellant) (Revenue/Respondent) PAN: EBXPA6463D Assessee by Shri S.S.Solanki, CA Revenue by Shri Ashish Porwal, Sr. DR Date of Hearing 12.08.2024 Date of Pronouncement 13.08.2024 आदेश / O R D E R Per B.M. Biyani, A.M.: Feeling aggrieved by appeal-order dated 13.02.2024 passed by learned Commissioner of Income-Tax (Appeals)-NFAC, Delhi [“CIT(A)”] which in turn arises out of assessment-order dated 30.03.2022 passed by learned NFAC, Delhi [“AO”] u/s 147 r.w.s. 144 and 144B of Income-tax Act, 1961 [“the Act”] for Assessment-Year [“AY”] 2014-15, the assessee has filed this appeal on the grounds mentioned in Appeal Memo (Form No. 36). Saba Hussan Ansari, Bhopal ITA No. 285/Ind/2024 - AY 2014-15 Page 2 of 3 2. On hearing learned Representatives of both sides, it emerges that the CIT(A) has decided first-appeal ex-parte qua assessee for the reason that the assessee did not make any submission before him despite opportunities given. It is further observed that the CIT(A) has basically confirmed the order passed by AO and thereby upheld the additions. Ld. AR also drew us to Para 7-8 of assessment-order to show that the AO has made best judgement assessment u/s 144 without making any enquiry on the affidavits of relatives (from whom the assessee received funds for making investment in purchase of immovable property) submitted by assessee to AO against draft assessment-order and made addition u/s 68. Further, the AO has also made addition u/s 56(2)(vii)(b)(ii) without giving proper opportunity to assessee. He submitted that the matter needs to be set aside to AO for a proper verification and adjudication afresh. Ld. AR agrees that the assessee shall extend full co-operation to AO in the matter of any enquiry or verification. Ld. DR for revenue agrees with the prayer of Ld. AR but makes a request to remit this matter to Jurisdictional Assessing Officer (JAO). 3. Considering above submissions and also having regard to the principle of natural justice and fair play, we deem it fit to remand this matter back to the file of JAO for a proper verification and adjudication on merit, at the risk and responsibility of assessee. The JAO is directed to give necessary opportunity of hearing to assessee and pass an appropriate order uninfluenced by earlier assessment-order. The assessee is also directed to ensure participation in the hearings as may be fixed by JAO and do not seek Saba Hussan Ansari, Bhopal ITA No. 285/Ind/2024 - AY 2014-15 Page 3 of 3 unnecessary adjournments failing which the JAO shall be at liberty to pass appropriate order in accordance with law. Ordered accordingly. 4. Resultantly, this appeal is allowed for statistical purpose. Order pronounced in open court on 13.08.2024 Sd/- sd/- (VIJAY PAL RAO) (B.M. BIYANI) JUDICIAL MEMBER ACCOUNTANT MEMBER Indore िदनांक /Dated : 13.08.2024 CPU/Sr. PS Copies to: (1) The appellant (2) The respondent (3) CIT (4) CIT(A) (5) Departmental Representative (6) Guard File By order E COAssistant Registrar Income Tax Appellate Tribunal Indore Bench, Indore