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Income Tax Appellate Tribunal, PUNE BENCH “SMC”, PUNE
Before: SHRI R.S. SYAL
आदेश / ORDER PER R.S. SYAL, VP : This appeal by the assessee arises out of the ex parte order passed by the ld. CIT(Appeals)-4, Pune on 08.07.2019 in relation to the assessment year 2015-16. 2. I have heard both the sides and perused the relevant material on record. It is seen that the ld. CIT(A) passed the order ex-parte qua the assessee. The ld. AR stated that the ld. CIT(A) and AO did not give proper opportunity of hearing. In the given facts, I am satisfied that the assessee was prevented from presenting his case properly before the ld. first appellate authority as well as before AO. As such, I am of the considered opinion that the ends of justice would meet adequately if the impugned order is set-aside and the matter is restored to the file of the AO. I order accordingly and direct him to frame the assessment afresh as per law after allowing a reasonable opportunity of being heard to the assessee.
In the result, the appeal is allowed for statistical purposes. Order pronounced on 17th day of January, 2020.
Sd/- R.S. SYAL उपाध्यक्ष /VICE-PRESIDENT ऩुणे / Pune; ददनधंक / Dated : 17th January, 2020. GCVSR आदेश की प्रतिलिपप अग्रेपिि / Copy of the Order forwarded to : अऩीऱधथी / The Appellant. 1. प्रत्यथी / The Respondent 2.
3. The CIT (Appeals)-4, Pune.
The Pr. CIT-3, Pune. 5. ववभधगीय प्रनतननधध, आयकर अऩीऱीय अधधकरण, “एक-सदस्य” बेंच, ऩुणे / DR, ITAT, “SMC” Bench, Pune. गधर्ा फ़धइऱ / Guard File. 6. आदेशधनुसधर / BY ORDER, //True copy// वररष्ठ ननजी सधचव / Sr. Private Secretary आयकर अऩीऱीय अधधकरण, ऩुणे / ITAT, Pune
Date 1 Draft dictated on 17.01.2020 Sr. PS/PS 2 Draft placed before author 17.01.2020 Sr. PS/PS 3 Draft proposed and placed JM/AM before the second Member 4 Draft discussed/approved by AM/JM second Member 5 Approved draft comes to the Sr. Sr. PS/PS PS/PS 6 Kept for pronouncement on Sr. PS/PS 7 Date of uploading of order Sr. PS/PS 8 File sent to Bench Clerk Sr. PS/PS 9 Date on which the file goes to the Head Clerk 10 Date on which file goes to the A.R 11 Date of dispatch of order