RIDDHI CASTINGS PRIVATE LIMITED,KOLHAPUR vs. THE DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE-1, KOLHAPUR

This appeal by the assessee arises out of the ex parte order dated 24-03-2023 passed by the CIT(A) in National Faceless Appeal Centre, Delhi u/s.250 of the Income-tax Act, 1961 (hereinafter also called ‘the Act’) in relation to the assessment year 2016-17.

I have heard the ld. DR and gone through the relevant material on record. There is no appearance from the side of assessee despite

It is seen that the assessee filed the return declaring Nil income and claimed carry forward of current year losses at Rs.1,70,78,312/-. The assessment order in this case was passed u/s.143(3) of the Act disallowing Rs.13,24,176/- and assessing carry forward of the current year losses at Rs.1,57,54,136/-. The ld. CIT(A), noted in the impugned order that “despite giving as many opportunities as listed above, the assessee has not submitted any argument in support his grounds of appeal”. He, therefore decided the appeal based on the documents that were submitted by the assessee as part of appeal memo, which resulted into passing of the ex-parte order qua the assessee dismissing the appeal. Considering the entirety of facts and circumstances, 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 ld. CIT(A). I order accordingly and direct him to decide the appeal afresh as per law after allowing a reasonable opportunity of hearing to the assessee. Needless to say, the assessee will be at liberty to lead any fresh evidence in support of its point of view.

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