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Income Tax Appellate Tribunal, HYDERABAD BENCHES “B”: HYDERABAD
Before: SHRI SATBEER SINGH GODARA & SHRI LAXMI PRASAD SAHU
O R D E R PER L.P. SAHU, A.M.: These two appeals filed by the assessee are directed against CIT(A) – 9, Hyderabad’s separate orders dated 28th June, 2019 for AYs 2014-15 & 2015-16 involving proceedings u/s 143(1) and 154 of the Income Tax Act, 1961 ; in short “the Act”.
In the course of hearing, it was pointed out by the learned counsel of the assessee that the learned CIT(A) had :- 2 -: & 1368/Hyd/2019 Sahaja Seva Samsthan, Hyd.
decided the matters ex-parte. Therefore, it would be in the interest of justice, the matter may be restored to his file for deciding various grounds of appeals on merits. The ld. AR undertook to produce all the relevant documents to substantiate his case before the CIT(A). The learned DR agreed with the aforesaid statement of the learned AR.
We have considered the facts of the case and the request made by the learned AR. We are of the view that interest of justice will be served if the matter is restored to the file of first appellate authority for deciding various grounds of appeal of the assessee on merits. Accordingly, the CIT(A) is directed to afford reasonable opportunity of being heard to the assessee and thereafter decide the appeals on merits. We direct the assessee to appear before CIT(A) on or before 30th November, 2021 with all the relevant evidences; at his own risk and responsibility to be followed by three effective opportunities of hearing.
In the result, both the appeal of the assessee are treated as allowed for statistical purposes. Pronounced in the open court on 27th August, 2021.
Sd/- Sd/- (S.S. GODARA) (L. P. SAHU) JUDICIAL MEMBER ACCOUNTANT MEMBER Hyderabad, Dated: 27th August, 2021.
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