2023 (6) TMI 1166

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..... before the Ld. PCIT. Even otherwise, it is trite [ S. Velu Palandar Vs. DCIT 1971 (8) TMI 42 - MADRAS HIGH COURT )] and incumbent on the authority to decide an appeal on merit. Finding force in the grievance raised by the Assessee, in the interest of justice, the matter is remitted to the file of the ld. CIT(A), to be decided afresh on merit, in accordance with law, on affording due and adequate opportunity of hearing to the assessee.
SHRI A.D. JAIN, VICE PRESIDENT AND SHRI VIKRAM SINGH YADAV, ACCOUNTANT MEMBER Assessee by : Sh. Parikshit Aggarwal, CA Revenue by : Smt. Amanpreet Kaur, Sr.DR ORDER Per A.D. Jain, Vice President: This is assessee's appeal against the order of the ld. CIT(A), National Faceless Appeal Centre (NFAC), .....

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..... t of unexplained capital introduced in the capital account with M/s VRRH. On being asked to explain the sources of introduction of capital of Rs. 13,20,000/- in his capital account with the firm M/s VRRH, the Assessee submitted details which have been incorporated in the order of the AO. However, the AO was not satisfied with the details furnished and found that the Assessee has declared meager income and thus held that the Assessee had no sufficient money for investment. The AO further found that the Assessee had not furnished any evidence regarding having received gifts from relatives and thus treated the income of Assessee earned from undisclosed sources and added the same to his income. In appeal before the ld. CIT(A), the ld. CIT(A), s .....

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..... to be given to the assessee to represent his case fully before the Ld. PCIT. Even otherwise, it is trite ['S. Velu Palandar Vs. DCIT' 83 ITR 683 (Mad.)] and incumbent on the authority to decide an appeal on merit. 6. In view of the above, finding force in the grievance raised by the Assessee, in the interest of justice, the matter is remitted to the file of the ld. CIT(A), to be decided afresh on merit, in accordance with law, on affording due and adequate opportunity of hearing to the assessee. The assessee, no doubt, shall cooperate in the fresh proceedings before the ld. CIT(A). All pleas available under the law shall remain so available to the assessee. Ordered accordingly. 7. In the result, for statistical purposes, the appeal is tr .....

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