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Judgment
PER SUDHIR KUMAR, JUDICIAL MEMBER:
This appeal by the assessee is directed against the order of the National Faceless Appeal Centre (NFAC) Delhi [hereinafter referred to as “Ld. NFAC)”] vide order dated 11-12-2024 pertaining to A.Y. 2014-15 arising out the assessment order dated 23-05-2023 u/s.147 r.w.s.144B of the Income-tax Act, 1961, (in short ‘the Act’).
The appeal filed by the assessee is time barred by 52 days. The assessee has stated that the appeal could not be filed within time due to miscommunication of the filing clerk. The assessee has shown the sufficient cause not to file the appeal within time therefore, the application is allowed and delay is condoned, appeal is admitted for adjudication.
The assessee has raised the following grounds in appeal as under:
1.The order passed by the Ld. CIT(A) confirming the order of the Ld. AO is bad in law and facts of the case.
2.That the re-opening is bad in law and on wrong facts.
3.That the AO has ignored all the reply submitted by the assessee through online portal time to time and passed an ex-parte order.
4.That there is no dealing with Mr. Naresh Mankchand .
5.That no money was received from Mr. Naresh Manakchand Jain and no deposit shown in the bank.
6.That in the current circumstances of the matter, no addition can be made under section 68 of the case.
7.That the AO has no appreciated the fact that Assessee has sold a share of RS. 86,22,410.00 and payment was received from SM Global Securities.
8.That no addition can be made u/s 68 of the I.T. Act.
9.That the appellant reverse the right to alter /add any / all grounds of appeal before or at the time of hearing.
The brief facts of the case are that the case of the assessee was re-opened for A.Y. 2014-15 u/s147 of the Act and notice u/s 148 of the Act was issued dated 29-06-2022. In the response of the notice the assessee filed the return of income declaring total income at Rs.10,80,400/-. The assessing Officer completed the assessment after making the addition of Rs.87,60,348/- under section 68 of the Act.
Aggrieved the order of the ld. AO the assessee preferred the appeal before the Ld. NFAC who vide his order dated 11-12-2024 dismissed the appeal. Being aggrieved the order of the Ld. NFAC the assessee is in appeal before the Tribunal.
None is present for assessee. Learned authorized representative for Department of Revenue submitted that departmental authorities have passed reasoned orders. He also submitted that the assessee has not taken part in the proceedings before the Ld. NFAC. The appeal was rightly rejected by the Ld. NFAC.
We have heard the Ld. DR and perused the material available on record. It is an admitted fact that despite opportunities granted by Ld. NFAC, the assessee did not file his submissions, for which the appeal was dismissed ex-parte by the Ld. NFAC.
Since in the instant case the assesse has failed to file his submission after availing the various opportunity. The assessee did not appear before the Ld. NFAC after filing the appeal. The Ld. NFAC dismissed the appeal ex-parte. Therefore, considering the totality of the facts and circumstances of the case and in the interest of justice, we deem it proper to restore the issue to the file of the Ld. NFAC with a direction to grant one final opportunity to the assessee to substantiate its claim and decide the issue as per fact and law. The assessee is also directed to appear before the Ld. NFAC and co-operate in the proceedings. The grounds raised by the assessee are accordingly allowed for statistical purposes.
In the result, the appeal of the assessee is allowed for statistical purposes.