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TMI Blog2023 (6) TMI 439X X X X Extracts X X X X X X X X Extracts X X X X ..... unrepresented - submission of assessee that if given an opportunity, the assessee is in a position to substantiate his case by filing the requisite details - HELD THAT:- We restore the issue to the file of the learned CIT (A) NFAC with a direction to grant one last opportunity to the assessee to substantiate its case and decide the issue as per fact and law. The assessee is also hereby directed to ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nal Highway. The assessee filed its return of income on 12.10.2018 declaring total income at Rs. 1,15,96,950/-. The case was selected for scrutiny and statutory notices u/s 143(2) & 142(1) were issued to the assessee to which the AR of the assessee filed various details through online. The Assessing Officer completed the assessment u/s 143(3) on 23.4.2021 determining the total income of the assess ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... oner (A) ought to have appreciated that the assessee produced books of accounts and also ledger copy of the Gayatri Projects Ltd to which an aggregate amount of Rs. 40,24,05,342/- is paid which includes Rs. 1,40,33,4 11/-, therefore, erred in confirming the order of the Assessing Officer. 4. The learned Commissioner (A) erred in assuming that the partner of JV i.e. Gayathri Projects have not off ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... re the learned CIT (A) NFAC to substantiate its case. 6. The learned DR, on the other hand, while opposing the submissions made by the learned Counsel for the assessee drew the attention of the Bench to the order of the CIT (A) NFAC and submitted that despite multiple opportunities granted by the CIT (A) NFAC, the assessee failed to submit the requisite details for which the learned CIT (A) NFAC ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... acts of the case and in the interest of justice, we restore the issue to the file of the learned CIT (A) NFAC with a direction to grant one last opportunity to the assessee to substantiate its case and decide the issue as per fact and law. The assessee is also hereby directed to file the requisite details before the CIT (A) NFAC on the appointed date without seeking any adjournment under any prete ..... X X X X Extracts X X X X X X X X Extracts X X X X
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