The
present appeal was filed by the assessee, M/s Aabdeen Travel Services,
for the Assessment Year 2017-18, challenging the appellate order dated
18.10.2023 passed by the Commissioner of Income Tax (Appeals). The assessee is
a partnership firm engaged in the business of tours and travel services.
For the
relevant assessment year, the assessee filed its return of income on 01.11.2017
declaring a total income of ₹1,36,861. The return was subsequently selected for
scrutiny, and the Assessing Officer completed the assessment under section
143(3) of the Income-tax Act on 23.12.2019. During the course of assessment
proceedings, the Assessing Officer made an addition of ₹78,52,000 under section
68 of the Act, thereby determining the total assessed income at ₹79,88,860.
Aggrieved
by the assessment order, the assessee preferred an appeal before the learned
CIT(A). However, the said appeal was dismissed. The assessee thereafter
approached the Income Tax Appellate Tribunal.
During
the course of hearing before the Tribunal, the learned counsel for the assessee
contended that the order passed by the CIT(A) suffered from serious procedural
infirmities. It was submitted that the impugned appellate order had been passed
without affording reasonable opportunity of being heard to the assessee and
that the order failed to deal with the issues on merits, thereby not qualifying
as a speaking order. The learned counsel prayed that the matter be restored to
the file of the CIT(A) for fresh adjudication in accordance with law.
The
learned Departmental Representative did not raise any objection and left the
matter to the discretion of the Bench.
After
considering the submissions, the Tribunal observed that the principles of
natural justice require that adequate opportunity of hearing be granted and
that appellate authorities must pass reasoned and speaking orders. Accordingly,
the Tribunal set aside the impugned order of the CIT(A) and restored the matter
back to his file with a direction to pass a de novo order after
providing reasonable opportunity to the assessee and in accordance with law.
As a
result, the appeal filed by the assessee was partly allowed for statistical
purposes.
Source
link:
https://itat.gov.in/public/files/upload/1767608171-YsHzBr-1-TO.pdf
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