2024 (6) TMI 1496

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....t the orders of the Ld.Commissioner of Income Tax (Appeals) - National Faceless Appeal Centre, Delhi (NFAC) - [hereinafter referred to as "the CIT(A)"], for the Assessment Years (AYs) 2012-13 and 2013-14, both dated 16/11/2023, arising out of assessment orders passed for respective Assessment Years by Assessing Officer (hereinafter referred to as "the AO") u/s.143(3) r.w.s. 147 of the Income Tax Act,1961 (hereinafter referred to as "the Act"). Facts of the case: 2. The information was received by the AO from the office of the Dy. Director of Income Tax (Inv.), Unit-1 (2), Ahmedabad that the firm M/s. Umiya Industries, which was operated by Shri Alpesh kumar Vitthalbhai Patel, a proprietor, has provided accommodation entries to the ass....

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....r the Assessing Officer, the assessee filed appeals for respective assessment years before the Ld.CIT(A), who dismissed the appeal(s) of the assessee ex-parte, after issuing three notices in respect of both the assessment years, but the assessee failed to respond thereto. While dismissing the appeals, the Ld.CIT(A) obtained verification report from the AO. 4. Not satisfied with the orders of Ld.CIT(A) in both the AYs, i.e. 2012-13 and 2013-14, the assessee is in appeals before us, with following grounds of appeal: For AY 2012-13 The Learned CIT-Appeals has erred in law on facts in dismissing the appeal the same is bad in law and deleted now. 1. The Notice U/s. 148 has been issued based on borrowed opinion being illeg....

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....0/- may please be stayed. 6. The penalty proceedings initiated u/s.271(1)(c) may please be directed to be dropped. 7. Your appellant prays to add, amend, alter, modify or delete any grounds of appeal at the time of hearing." On the grounds of appeal: 5. The Ld.Representative of the Assessee (AR) contended that the Ld.CIT(A) passed the appeal order without providing an opportunity of being heard to the assessee, which is a violation of the principles of natural justice. Furthermore, the Assessee asserted that he was not given the opportunity to cross-examine the supplier, whose statement formed the basis for the addition. 5.1. The Ld.AR submitted the following documents before us: 1. Copy of Invoice of M/s....

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.... the Assessee was not given an opportunity to cross-examine the supplier, which is a fundamental right under the principles of natural justice. Moreover, the assessee has not raised its contention before Ld. CIT(A). When the assessee is explaining the source of funds and that too of bogus purchase, it is also necessary to bring on record the statement of bank's representative. If the bank has made payment to the supplier after satisfying the genuineness of supplier and after due inspection as per the terms of sanction of loan, it is very important and dependable source from the point of view assessee. When the AO has made enquiry with the bank of supplier - Dhanlaxmi Bank Ltd. for the KYC documents and address of the supplier, as mentioned ....