A V ISPAT PRIVATE LIMITED,PATNA vs. ACIT CENTRAL CIRCLE 2 PATNA, PATNA

This appeal at the instance of the assessee is directed against the order of Commissioner of Income-tax (Appeals) [learned CIT (A)] dated 28.04.2023, which is arising out of the assessment order under Section 143(3) of the Income-tax Act, 1961 (the Act) dated 14th March, 2022.

When the case was called for, none appeared on behalf of the assessee. We observe that on the previous occasions when the case was fixed for hearing on 29th July, 2024, and 30th July, 2024, none appeared. However, considering the smallness of the issue and that the facts were available on record, it was decided to adjudicate these appeals with assistance of learned Departmental Representative. Assessee has raised following grounds of appeal: -

The appellant craves leave to add, amend, rectify, modify or otherwise alter any ground of appeal.”

Perusal of the impugned order indicates that there is no adjudication on merits of the case. Ld. DR was fair enough in accepting that the impugned order of ld. CIT (A) is ex-parte qua assessee and there is no discussion on merits of the case and therefore, the matter may be restored to the file of the ld. CIT (A) for necessary adjudication.

We have heard the ld. D/R and perused the material placed before us. We notice that the assessee is a Private Limited Company and against the additions made by the ld. AO for A.Y. 2014-15 for unexplained cash credit of ₹25,00,084/- u/s 68 of the Act, assessee preferred the appeal before the ld. CIT (A) taking legal grounds challenging the validity of reassessment proceedings and also challenging the impugned additions. We on perusal of the impugned order notice that assessee failed to appear on the date of hearing and also did not filed any written submissions.

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