SHRI SANJAY SHANTILAL JAIN,DHULE vs. DEPUTY COMMISSIONER OF INCOME TAX, DHULE, DHULE

This appeal is time barred by about 65 days. The assessee has filed an affidavit stating the reasons which led to the late filing. I am satisfied with the stated reasons. Therefore, the delay is condoned and the instant appeal is admitted for disposal on merits.

I have heard both the sides and perused the relevant material on record. It is seen that the assessment order in this case was passed u/s.144 of the Act determining total income at Rs.26.76 lakh. The ld. CIT(A) also dismissed the appeal by means of an ex parte order in the absence of the assessee. In view of the facts obtaining in the instant case where both the assessment as well as the first appellate orders have been passed in the absence of the assessee, and considering the request made on behalf of the assessee, I am of the opinion that it would be just and fair if the impugned order is set-aside and the matter is remitted to the file of the AO with a direction to pass the assessment order afresh as per law after allowing a reasonable opportunity of hearing to the assessee. I order accordingly. Needless to say, the assessee will be at liberty to lead any fresh evidence in support of his case in the fresh assessment.

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