2021 (2) TMI 320

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..... Appeals) - 4 is against the facts of the case and principles of nature justice. 2. The contention of the learned Commissioner of Income Tax (Appeals) is not totally correct. 3. There were total two appeals for two different Assessment Years. 4. The appellant had appeared for the hearing, but details for other year under appeal was only called for. 5. The appellant was of the impression that only one year was taken at a time and hence did not provide any written submissions for the relevant year under appeal. 6. This was unintentional and purely coincidental. 7. The learned Commissioner of Income Tax (Appeals) failed to appreciate the fact that an agent is ravel industry can never make a net profit of 5% of his turnover, 8. The .....

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..... 27,182/-. 4. Being aggrieved by the assessment order, the assessee preferred an appeal before the learned CIT(A). Before the learned CIT(A), the assessee neither appeared nor filed any details despite various opportunity of hearing was provided. Therefore, the learned CIT(A) left with no option disposed off the appeal filed by the assessee ex-parte and confirmed the additions made by the Assessing Officer towards estimation of profit on turnover reported as per Form 26AS. Aggrieved by the order of CIT(A), the assessee is in appeal before us. 5. The learned AR for the assessee submitted that the assessee could not appear before the lower authorities to explain difference between turnover reported in books of account and gross receipts as p .....

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..... produce books of account to justify its claim. It is not the case of the Assessing Officer that assessee has not filed explanation to explain difference in turnover reported in books of account and Form 26AS. The only reason for rejection of explanation furnished by the assessee is non-furnishing of books of account. Moreover, the learned AR for the assessee pleaded before us that assessee is ready to file necessary details to explain difference between turnover reported in books of account and Form 26AS. Therefore, we are of the considered view that in order to give one more opportunity of hearing to the assessee, the appeal is set aside to the file of the Assessing Officer and direct him to redo the assessment, after considering necessar .....

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