SVPCL LIMITED,HYDERABAD vs. DY. COMMISSIONER OF INCOME TAX, CIRCLE-3(2), HYDERABAD

At the outset, the learned Counsel for the assessee submitted that the order of the CIT (A) is ex-parte the assessee due to non-appearance of the assessee and he prayed for an opportunity to submit all the details before the authorities below. He submitted that even before the Assessing Officer, the assessee could not submit the details due to which the Assessing Officer has disallowed certain expenditure. Therefore, he prayed for a remand of the matter to the file of the Assessing Officer.

The learned DR, however, supported the orders of the authorities below.

Having gone through the orders of both the Assessing Officer as well as the CIT (A), we find that the assessee’s claim of expenditure has been disallowed by the Assessing Officer for want of evidence and the order of the CIT (A) is ex-parte the assessee. In view of the same, we deem it fit and proper to remand the issue to the file of the Assessing Officer for denovo consideration in accordance with law. Needless to mention that the assessee shall be given a fair opportunity of hearing and the assessee is also directed to appear and file all the details and cooperate with the Assessing Officer for an early completion of the assessment.

In the result, assessee’s appeal is treated as allowed for statistical purposes. Order pronounced in the Open Court on 23rd June, 2021.