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Income Tax Appellate Tribunal, “A” BENCH, MUMBAI
Before: SHRI B.R. BASKARAN, AM & SHRI N. K. CHOUDHRY, JM
Amrish Jain, PCIT, Mumbai-41, 605, Corporate Center, Nirmal Room No. 541, Kautilya Lifestyles, LBS Marg, Mulund Vs. Bhawan, C-41 to C-43, G Block, (W), Mumbai-400080. BKC (E), Mumbai-400051. PAN No. AACPJ2673G Appellant) : Respondent) Appellant/Assessee by : None Respondent/Department by : Shri Ajay Chandran, CIT-DR Date of Hearing : 21.09.2023 Date of Pronouncement : 22.09.2023 O R D E R Per N. K. Choudhry, JM:
The Assessee/Appellant herein has preferred this appeal against the order dated 28.03.2023 impugned herein passed by Ld. Pr. Commissioner of Income Tax-41, Mumbai {in short ‘Ld. PCIT’} under section 263 of the Income Tax Act 1961 (in short ‘the Act’).
Inspite of sending notices for the date of hearing, the Assessee neither appeared nor filed any adjournment petition, hence, in the constrained circumstances, are we inclined to decide this appeal as ex- parte.
At the outset, we observe that there is a delay of 60 days in filing the instant appeal, on which the Assessee has claimed that due to major health issues, the Assessee was unable to file the appeal before the Hon’ble Tribunal. In support of its contention, the Assessee also filed its affidavit. Considering the reason for delay as genuine and the tenure of delay is miniscule, the delay stands condoned.
Coming to the merits of the case, we observe that in the instant case, the assessment was completed under section 143(3) on dated 25.01.2021 by the AO. However, the Ld. PCIT while exercising powers under section 263 of the Act, set-aside the assessment order with a direction to the AO to carry out due verification and enquiries qua computation of the interest expenditure claimed by the Assessee in accordance with law and thereafter pass fresh assessment order. It appears in paragraph-7 of the impugned order that two notices dated 24.02.2023 and 20.03.2023 respectively for the dates of hearing fixed on 08.03.2023 and 24.03.2023 were sent to the Assessee through e-mail, however, the Assessee made no compliance, therefore, the Ld. PCIT in the constrained circumstances passed the impugned order ex-parte. In our considered view as the ld. PCIT in the absence of submission/documents of the Assessee, failed to decide the case properly, hence for the just decision of the case and for the ends of justice, we deem it appropriate to remand the instant case to the file of the Ld. PCIT for decision afresh. Suffice to say by affording reasonable opportunity of being heard to the Assessee. The Assessee is also directed to appear and file the relevant documents, if any required by the Ld. PCIT, for proper and just decision of the case.
In the result, appeal filed by the Assessee stands allowed for statistical purposes.