The appeal was preferred by the assessee against the order
passed by the Commissioner of Income Tax (Appeals), National Faceless Appeal
Centre (NFAC), Delhi, for the Assessment Year 2022-23. The assessee had
originally filed its return of income declaring a total income of ₹19,32,260.
Subsequently, the assessment was completed under section 143(3) read with
section 144B of the Income Tax Act, 1961, wherein an addition of ₹22,70,000 was
made.
Aggrieved by the assessment order dated 21.03.2024, the
assessee preferred an appeal before the Ld. CIT(A), who, vide order dated
04.03.2025, dismissed the appeal. Against the said appellate order, the
assessee approached the Income Tax Appellate Tribunal.
Before the Tribunal, the learned counsel for the assessee
contended that the Assessing Officer failed to grant sufficient opportunity of
being heard and did not consider the replies submitted by the assessee during
the assessment proceedings. It was further submitted that the Ld. CIT(A) also
failed to adjudicate the appeal on merits and did not provide adequate
opportunity to the assessee before passing the impugned order.
On the other hand, the Departmental Representative relied
upon the orders passed by the lower authorities and argued that adequate
opportunity had been provided and that the assessee had responded at a belated
stage.
After considering the submissions of both parties and
examining the material available on record, the Tribunal observed that the
assessee had filed replies on 18.03.2024 and 19.03.2024, whereas the assessment
order was passed on 21.03.2024 without due consideration of the said replies.
The Tribunal held that such action amounted to denial of a reasonable
opportunity of being heard.
Accordingly, the Tribunal restored the matter to the file of the Assessing Officer for framing a de novo assessment in accordance with law, after duly considering the replies filed by the assessee and after granting a proper opportunity of hearing.
The appeal was thus partly allowed
for statistical purposes.
SOURCE LINK: https://itat.gov.in/public/files/upload/1766033654-2xJMSe-1-TO.pdf
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