AI Structured Summary
Not yet generated for this judgment
Judgment
PER KRINWANT SAHAY AM
Appeal in this case has been filed by the assessee against the order dated 03.07.2024 passed by the Ld. CIT(A)/NFAC New Delhi for the A.Y. 2017-18. Grounds of appeal are as under :-
1.That on the facts and circumstances of the case the learned CIT (Appeals) has erred in law while upholding the unjustified exparte order passed by the Assessing Officer u/s 144 and the additions of Rs 185,93,020/- u/s 69 of the Income Tax Act. Rs.2,32,68,230/-
2.That on the facts and circumstances of the case the learned CIT (Appeals) has erred in law while upholding the unjustified exparte order passed by the Assessing Officer u/s 144 and it is against the principles of natural justice.
3.That the appellant craves leave to add, alter, amendand/or withdraw any ground of appeal either before or during the course of hearing of the appeal. Total tax effect (see note below). Rs.2,32,68,230/-
4.Whether there is any delay in filing of appeal (if yes, please attach application seeking condonation of delay)
The Ld. AO passed the assessment order in this case exparte as the assessee did not appear. The Ld. CIT(A) confirmed the order of the AO on the basis that the appellant did not furnish required details regarding its activity while in abroad. The appellant also did not furnish any documentary evidences showing its status as non-resident. It has also been brought on record by the Ld. CIT(A) that the appellant did not file ITR in any foreign country also. The Ld. CIT(A) has also given finding that the appellant claimed that the cash deposit was made in its account. The appellant has also not furnished any documentary evidence in support of his claim that he brought EURO from Paris and got it converted into Indian Currency in India. Accordingly, the Ld. CIT(A) confirmed the addition made by the AO.
During proceedings before us the ld. Counsel of the assessee argued that now the assessee has got evidences in support of its claim.
Per contra the ld. DR relied on the orders of the authorities below.
We have considered the findings given by the lower authorities and we have also considered the arguments made by both the sides during proceedings before us. In the fitness of things we are of this considered view that the matter should be remanded back to the file of the ld. CIT(A) for making fresh adjudication. Accordingly, the case is remanded back to the file of the Ld. CIT(A) with a direction that the Ld. CIT(A) should give adequate opportunity to the appellant of being heard. The assessee is also directed to file all the relevant details and documents in time.
In the result, the appeal filed by the assessee is allowed for statistical purpose.