SHRI SHAMBHU SHARAN SINGH,GOPALGANJ vs. ACIT CIRCLE- 2 (1), MUZAFFARPUR

The original assessment order u/s 143(3) of the Act was completed on 19.03.2015 at Rs.72,31,410/-. Later, the ld. PCIT invoked section 263 of the Income-tax Act, 1961 (the Act) to revise the assessment due to specific issues not properly examined by the ld. Assessing Officer on the issue of Rs.1,61,03,705/- credited in the bank A/c of the assessee and sum of Rs.5,81,189/- was left to be included in the

Dissatisfied with the above order assessee went in appeal before the ld. CIT(A) but failed to appear on 16th consecutive hearing dates, leading to this the ld. CIT(A) has passed an ex-parte order against the assessee.

Aggrieved by the order of the ld. CIT(A), assessee appealed to the Tribunal raising several grounds primarily arguing that the ex-parte order of the ld. Assessing Officer and CIT(A) denied the assessee an opportunity to present its case. Therefore, the ld. AR requested another opportunity to comply and provide support evidence in order to controverted the facts.

On the other hand, the ld. DR opposed the appeal, emphasizing that the assessee has non-compliance history and arguing for dismissal of assessee’s appeal.

In the result, the appeal of the assessee is allowed for statistical purposes.