2022 (9) TMI 573 - AT - Income Tax

Enhancement of income by CIT-A - Denial of natural justice - not allowing reasonable opportunity of show cause as contemplated u/s. 251(2) of the Act before exercising his power to enhance the assessed income - HELD THAT - While perusing the order passed by the CIT(A) we find that although notice was issued upon the assessee on 14-03-2018 for enhancement of assessed income. However from the order passed by the CIT(A) shows that whether the notice was properly served upon the assessee it cannot be ascertained from record. As such the assessee was unrepresented before the Ld. CIT(A) and therefore CIT(A) decided the appeal against the assessee. We therefore looking into the facts/issues involved in this appeal in the interest of justice as well as fair to both the parties and in order to facilitate the assessee restore the appeal to the file of the CIT(A) for fresh adjudication with a direction to assessee to furnish necessary details as and when called for to submit and should not take any adjournment unless otherwise required for reasonable cause. Appeal of the assessee is allowed for statistical purpose.

Summary

Issues:
Appeal against the order dated 31-03-2018 passed by the Commissioner of Income-tax (Appeals) regarding the assessment year 2014-15.

Analysis:
The appeal was filed by the assessee against the order passed by the Commissioner of Income-tax (Appeals) for the assessment year 2014-15. The appellant did not appear during the proceedings despite multiple opportunities given. The Departmental Representative (DR) vehemently supported the lower authorities' orders. The grounds raised by the assessee included jurisdictional issues, findings being contrary to facts and laws, and errors in confirming additions made by the Assessing Officer. The Commissioner of Income Tax (Appeals) was accused of not allowing a reasonable opportunity of being heard and making additions without proper legal basis. The appellant argued that the Commissioner erred in enhancing the assessed income by treating share application money as unexplained cash credit under section 68 of the Act without following due process.

The Tribunal noted that the main grievance raised by the assessee was the lack of a reasonable opportunity to show cause before the enhancement of assessed income. The Tribunal found discrepancies in the service of notice to the assessee for enhancement of assessed income by the Commissioner of Income Tax (Appeals). Due to the absence of representation by the assessee, the Commissioner decided the appeal against the assessee. In the interest of justice and fairness to both parties, the Tribunal decided to restore the appeal to the Commissioner of Income Tax (Appeals) for fresh adjudication. The assessee was directed to provide necessary details promptly and not seek adjournments without valid reasons. The Commissioner of Income Tax (Appeals) was instructed to examine the issues based on the documents and submissions provided by the assessee and proceed with the disposal of the appeal in accordance with the law if the necessary details were not submitted by the assessee.

In conclusion, the appeal of the assessee was allowed for statistical purposes, and the case was restored to the Commissioner of Income Tax (Appeals) for fresh adjudication. The decision was announced in open court on 10-08-2022.