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TMI Blog2023 (12) TMI 1381X X X X Extracts X X X X X X X X Extracts X X X X ..... the case on merits. Accordingly we remit the issue back to the AO for de novo verification calling for necessary details as may be required. Assessee is directed to furnish the required information as may be called for without seeking any adjournments and cooperate with the proceedings. Appeal of the assessee is allowed for statistical purposes. - SHRI AMIT SHUKLA (JUDICIAL MEMBER AND MS. PADMAVATHY S. (ACCOUNTANT MEMBER For the Assessee: None For the Revenue: Mr. A.S. Sant, Sr. DR ORDER PER PADMAVATHY S., AM This appeal is against the order of the Ld. Commissioner of Income-tax (Appeals) National Faceless Appeal Centre dated 13.03.2023 for assessment year 2012-13. The assessee raised the following grounds: 1. In the facts and circumstanc ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ct, 1961, without providing an opportunity of personal hearing, thus violating the principles of natural justice. 2. The assessee company has not filed the return of income for the assessment year 2012-13. The Assessing Officer noticed from the NMS Module as well as ITS details that during the financial year 2011-12 relevant to assessment year 2012-13. The assessee has deposited cash aggregating to Rs. 6,55,000/- in Karur Vysya Bank Ltd. and also the assessee company was in receipt of contract charges amounting to Rs. 58,40,000/-. The Assessing Officer issued a notice u/s 148 through ITBA on 22.03.2019. The assessee did not respond to the notices issued by the Assessing Officer and the notice issued through speed post was returned un-served ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ounting to Rs. 99,30,973/-. 4. Aggrieved the assessee filed an appeal before the Ld. CIT(A). 5. Even before the Ld. CIT(A) the assessee did not respond to the various notices issued and therefore the Ld. CIT(A) proceeded to determine the appeal based on the materials available on record. With regard to the income issued @ 20% of total contract charges. The Ld. CIT(A) directed the Assessing Officer to give credit for the TDS amounting to Rs. 58,400/-. With regard to the additions made u/s 68 of the Act after verification of materials on record the Ld. CIT(A) gave relief to the extent of cheques returned. 6. Aggrieved the assessee is in appeal before the Tribunal. There is a delay of 75 days in filing the appeal before us the assessee has fil ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... sessing Officer based on the bank statements obtained from Karur Vysya Bank Ltd. had noticed certain credits into the bank account of the assessee and had called for furnishing details in this regard. The assessee before the Assessing Officer neither responded notices issued u/s 148 of the Act nor subsequent notice calling for details u/s 142(1) of the Act. We also notice that the assessee did not appear before the Ld. CIT(A) who has concluded the appellate proceedings ex-parte based on the materials available on records. Given this in the interest of natural justice and fair play we are of the considered view that the assessee be given one final opportunity to present the case on merits. Accordingly we remit the issue back to the Assessing ..... X X X X Extracts X X X X X X X X Extracts X X X X
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