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Judgment
PER C.N. PRASAD, J.M.
These two appeals are filed by the assessee against different orders of Ld. CIT(A) for the A.Y 2019-20 which are arising from the assessment order passed u/s.153A/143(3) of the Act and penalty order passed u/s.271AAB of the Act.
Ld. Counsel for the assessee at the outset submitted that the AO completed the assessment addition making of Rs.95 lacs u/s.69A of the Act in respect of cash found in the locker as undisclosed income of the assessee. Ld. Counsel for the assessee referring to page No.39 of the paper book submitted that the assessee in the course of assessment proceedings furnished reply dated 23.03.2021 in response to notice u/s.142(1) of the Act dated 20.03.2021. However, in the assessment order the AO had stated that the assessee has not filed reply to notices issued which is factually incorrect. Ld. Counsel for the assessee referring to page 36 of the paper book submitted that the assessee furnished question wise reply to all the 12 questions which were raised in the questionnaire issued by the AO. The ld. Counsel submitted that none of these replies were considered by the AO while completing the assessment. Therefore, the ld. Counsel stated that the issue in appeal be restored to the file of the AO for making fresh assessment after considering the replies furnished by the assessee.
Heard rival contentions and perused the orders of the authorities below and the materials placed before us. We observed from the material placed before us that the assessee in the course of assessment proceedings had furnished following information :-
However, the AO while completing the assessment made addition of Rs. 95 lacs observing that the assessee had not furnished any reply to the notices which is contrary to record. Therefore, in the interest of justice we restore the issue in appeal to the file of the AO to examine the evidences furnished by the assessee and complete the assessment afresh after providing adequate opportunity to the assessee.
As we have restored the quantum addition to the file of the AO for fresh adjudication the penalty appeal in ITA No.3256/Del/24 is also restored to the file of the AO for denovo adjudication.
In the result, both the appeals are allowed for statistical purpose.