Right to be heard restored: appeal remitted and assessee granted one final opportunity to substantiate the case.

Assessee's appeal against reassessment and additions for unexplained cash deposits and interest proceeds was restored to the file of the Assessing Officer and the matter remitted for fresh adjudication on facts and law; the assessee is granted one final opportunity to substantiate his case and must present submissions on the appointed date without seeking adjournment, failing which the Assessing Officer may pass an appropriate order. This directs reconsideration of the reassessment and associated additions subject to the procedural condition imposed.

---

---

Issues: Whether the appeal against the validity of reassessment proceedings and the additions made under Section 69A and income from other sources should be restored to the file of the Assessing Officer and whether the assessee should be granted a final opportunity to substantiate his case.

Analysis: The assessee had not filed return in response to notice under Section 148 and repeatedly failed to comply with notices under Section 142(1), following which the Assessing Officer completed assessment under Section 144 making additions including unexplained cash deposits treated under Section 69A and interest under Section 194A. The Ld. CIT(A) / NFAC dismissed the appeal for non-compliance. Considering the totality of facts, the Tribunal accepted the assessee's request for a final opportunity to file requisite details and directed restoration of the matter to the Assessing Officer for fresh adjudication on facts and law. The Tribunal imposed the condition that the assessee must make submissions on the appointed date without seeking adjournment, failing which the Assessing Officer may pass appropriate order as per law.

Conclusion: The appeal is allowed for statistical purposes and the matter is restored to the file of the Assessing Officer with a direction to grant one final opportunity to the assessee to substantiate his case; in favour of the assessee.

Final Conclusion: The Tribunal has disposed of the appeal by restoring the matter to the Assessing Officer for fresh decision after granting a final opportunity to the assessee to present evidence and submissions.

---