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Income Tax Appellate Tribunal, MUMBAI ‘C’ BENCH, MUMBAI.
Before: Shri B.R. Baskaran (AM) & Shri Rahul Chaudhary (JM)
The cross appeals filed by the parties and the cross objection filed by the assessee are directed against the order dated 4.10.2017 passed by the learned CIT(A)-9, Mumbai and they relate to A.Y. 2007-08.
None appeared on behalf of the assessee even though adjournment was granted on several occasions at the specific request of the assessee. We noticed that the last opportunity was given to the assessee on 8.12.2022, still assessee did not turn up before the Tribunal. Hence, we proceed to dispose of the appeals ex-parte, without presence of the assessee.
2 M/s. Parsoli Corporation Ltd.
We have heard learned DR and perused the record. We noticed that the learned CIT(A), after recording the submissions of the assessee, has passed the order without giving proper reasoning in support of his decision. Accordingly, we are of the view that all the issues require fresh examination at the end of the learned CIT(A). Accordingly, we set aside all the issues to his file for examining them afresh and for passing a reasoned order. Accordingly all the issues urged by the assessee in its appeal and cross objection and all the issues urged by the Revenue in its appeal are restored to the file of the learned CIT(A) for adjudicating them afresh. After affording adequate opportunity of being heard, the learned CIT(A) may take appropriate decision in accordance with law.
In the result, the appeal and cross objection filed by the assessee as well as appeal filed by the Revenue are treated as allowed for statistical purposes.