ANIL KUMAR JAISWAL,BHUBANESWAR vs. ASSISTANT COMMISSIONER OF INCOME TAX, CIRCLE-5(1), BHUBANESWAR

Shri C.Pandra, ld AR Shri C.Pandra, ld AR appeared for the assessee the assessee. Shri Charan Dass, Ld CIT DR appeared for the revenue DR appeared for the revenue.

It was submitted by ld AR that the ld CIT(A) has passed exparte order without hearing the assessee. It was the submission that the only ground in this appeal is addition of Rs.5,10,12,962/- made u/s.68 of the Act on account of unexplained credit entries in the capital account of the assessee. It was the submission that the details are available with the assessee and if one more opportunity is granted, the assessee would be able to explain the same. Ld Sr DR supported the order of the ld CIT(A).

We have considered the rival submisisons. A perusal of the impugned order clearly shows that various notices were issued to the assessee but there was no compliance Therefore, the ld CIT(A) confirmed the addition made by the Assessing Officer for non-representation from the side of the assessee in support of the claim. Now, ld AR undertakes to cooperate with the ld CIT(A) if the matter is restored back to the file of the ld CIT(A). Therefore, we consider it fair and proper and in the interest of justice to set aside the impugned order passed by the ld. CIT(Appeals) ex- parte and remit the matter back to him for disposing of the appeal of the assessee afresh on merit in accordance with law after giving proper and sufficient opportunity of being heard to the assessee. The assessee is directed to make due compliance before the ld. CIT(A) and extend all the possible cooperation in order to enable the ld. CIT(A) to dispose of the appeal afresh expeditiously.

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