Mukesh Damyana vs Income Tax Officer, Ward - 1, Panipat

PER MADHUMITA ROY, JUDICIAL MEMBER:

The instant appeal filed by the assessee is directed against the order dated 30.05.2024 passed by the Ld. Commissioner of Income-tax (Appeals), NFAC, Delhi [hereinafter referred to as the Ld. CIT(A)] under Section 250 of the Income Tax Act, 1961 (hereinafter referred to as ‘the Act’) arising out of the Assessment Order dated 15.11.2019 passed by the ITO, Ward-2, Panipat (hereinafter referred to as ‘the Id. AO’) under Section 144 of the Act for Assessment Year 2017-18.

Heard the parties and perused the record.

Having regard to the fact of no representation being made by the assessee before the authorities below, in order to prevent the miscarriage of justice, I am of the considered opinion that the assessee be given a further opportunity to represent its case effectively before the authorities below. This appeal is disposed of by remitting the issue to the file of Ld. AO for consideration of the issue afresh, particularly, in regard to the cash deposit of Rs.23,70,500/- during demonetization and the Ld.AO is directed to finalise the assessment upon considering the evidence on record or any other evidence which the assessee may choose to file at the time of hearing of the matter.

It is also made clear that in the event the assessee does not cooperate with the Ld. AO, the said authority would be at liberty to proceed strictly in accordance with the law.

In the result, appeal filed by the Assessee is allowed for statistical purposes.