Remand for de novo assessment where books were not produced and a fair hearing was required in the interests of justice.

Where the assessee failed to produce books of account before the lower authorities and sought a fresh opportunity, the ITAT set aside the assessment and appellate orders and remanded the matter to the Assessing Officer for de novo adjudication. The Revenue did not oppose restoration, and the Tribunal held that remand was in the interests of justice so the assessee could be given a fair hearing. The impugned orders were therefore made to not survive, and the dispute was sent back for reconsideration in accordance with law.

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Issues: Whether the assessment order and the appellate order were liable to be set aside and the matter restored to the Assessing Officer for fresh adjudication.

Analysis: The record showed that the assessee did not produce the books of account before the lower authorities and sought restoration of the matter for fresh consideration. The Revenue did not oppose such restoration. In these circumstances, and in the interest of justice, the assessment and appellate orders were set aside and the matter was remanded to the Assessing Officer for fresh decision after granting the assessee a fair opportunity of hearing.

Conclusion: The matter was restored to the Assessing Officer for fresh adjudication, and the assessee obtained partial relief.

Final Conclusion: The impugned assessment and appellate orders did not survive, and the dispute was sent back for reconsideration in accordance with law.

Ratio Decidendi: Where the assessee has not been able to furnish material before the lower authorities and a fresh opportunity is warranted in the interests of justice, the proper course is to set aside the orders and remand the matter for de novo consideration.

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