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Judgment
PER KRINWANT SAHAY A.M.
Appeal in this case has been filed by the assessee against the order dated 04.07.2024 passed by the NFAC, Delhi for the A.Y. 2013-14. Grounds of appeal are as under :-
1.The Ld. Commissioner Appeals erred in upholding the exparte order passed by the assessing officer under section 147 read with section 144 of the Act.
2.The Ld commissioner of appeals erred in sustain the assessment made on the basis of Form 26AS even when the accounts of the Company were audited by auditors appointed by NCLT and there was a book loss of Rs 3085568. The Ld CIT should have considered the appellant's claim of expenses incurred for maintaining office, fighting legal cases and other related expenses incurred by the appellant and also other income considered in addition to the amounts as per Form 26AS.
3.The Ld commissioner of appeals erred in dismissing the appellant's contention regarding charge of interest u/s 234A
4.The Ld commissioner of appeals erred in dismissing the appellant's contention regarding charge of interest u/s 234B
5.The Ld. Commissioner has erred in confirming the initiation of penalty proceedings u/s 271(1)(b) of the Act
6.The Ld. Commissioner has erred in confirming the initiation of penalty proceedings u/s 271(1)(c) of the Act
7.The above grounds are independent and without prejudice to each other
The assessee has filed an application for condonation of delay which is reproduced as under :-
Having considered the issues brought in the application for condonation of delay. We are inclined to condone the delay. Ld. DR did not object on this issue.
At the very outset the Ld. Counsel for the assessee brought it to the notice of the Bench that the order passed by the AO in this case is u/s.144 i.e. exparte r.w.s. 147 of the Act and the ld. CIT(A) has confirmed the exparte order passed by the ld. AO. Accordingly, the Ld. Counsel for the assessee prayed before the Bench that in order to have natural justice to the assessee the matter may be remanded back to the file of the AO.
Per contra the Ld. DR relied and supported the orders of the authorities below.
We have considered the findings given by the AO in the assessment order passed exparte u/s.147 r.w.s. 144 of the Act. We have also considered the appellate order passed by the Ld. CIT(A). We find that the order passed by the AO in this case is an exparte order and the Ld. CIT(A) has confirmed all the additions made by the AO in his assessment order passed u/s.144 of the Act. Keeping in view the element of natural justice to the assessee we are inclined to remand this case back to the file of the AO for passing denovo order after giving adequate opportunity of being heard to the assessee as required by law.
The assessee is also directed to comply notices and queries of the AO and file all required documents and submissions in order to help in finalizing the assessment order. Accordingly, the assessee’s appeal is allowed for statistical purpose.