Ex Parte Assessment Order u/s 144 Passed by upholding Addition of unexplained Investment: ITAT Restores matter Considering Old Age of Assessee [Read Order]
The bench found that the assessee being a very old person could not access online data
![Ex Parte Assessment Order u/s 144 Passed by upholding Addition of unexplained Investment: ITAT Restores matter Considering Old Age of Assessee [Read Order]](https://www.taxscan.in/wp-content/uploads/2024/12/ITAT-New-Delhi-Income-Tax-Income-Tax-News-section-144-Taxscan.jpg "Ex Parte Assessment Order u/s 144 Passed by upholding Addition of unexplained Investment: ITAT Restores matter Considering Old Age of Assessee [Read Order]")
The New Delhi bench of the Income Tax Appellate Tribunal ( ITAT ) restored the ex parte assessment order passed under section 144 of the Income tax passed considering old age of assessee. Through the order, the bench upheld the addition of unexplained investment. The Assessee Vinod Kumar Garg has filed the instant Appeal against the Order of the CIT(Appeal)/NFAC. It was alleged that the...
The New Delhi bench of the Income Tax Appellate Tribunal ( ITAT ) restored the ex parte assessment order passed under section 144 of the Income tax passed considering old age of assessee. Through the order, the bench upheld the addition of unexplained investment.
The Assessee Vinod Kumar Garg has filed the instant Appeal against the Order of the CIT(Appeal)/NFAC. It was alleged that the order passed by the Commissioner of Income Tax (Appeals) ('the CIT(A)') dated 18.10.2023, dismissing the appeal of. the assessee ex-parte is violative of principles of natural justice. Through the order, the CIT(A) uphold the assessment order passed under Section 147 read with Section 144 of the Income Tax Act, 1961
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An assessment order was framed under section 144 of the Act wherein, addition of Rs. 51,92,161/- on account of unexplained investment in cash deposits. The CIT(A) dismissed the appeal for non prosecution.
Counsel for the assessee prayed that before the AO the assessee could not be presented because of the mistake of the counsel and before the CIT(A) assessee being a very old person could not access online data. He pleaded that assessee has not properly canvassed his case before the lower authorities, hence, he prayed that an opportunity may be given to assessee to canvass his case before the AO by sending back the issues in dispute to the AO for deciding the same afresh.
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A two member bench of Shri Shamim Yahya, Accountant Member, and Shri Vimal Kumar, Judicial Member viewed that interest of justice will be served, if the issues in dispute are remitted back to the file of the AO. The AO shall pass the order, after giving adequate opportunity of being heard to the assessee.
To Read the full text of the Order CLICK HERE
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VINOD KUMAR GARG vs ITO , 2024 TAXSCAN (ITAT) 1637 , ITA NO. 3880/Del/2024 , 19 November 2024 , Shri Gaurav Jain , Shri Amit Katoch