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Income Tax Appellate Tribunal, JAIPUR BENCHES (SMC
Before: SHRI RAMESH C SHARMAvk;dj vihy la-@ITA No. 1319/JP/2018
ORDER PER: R.C. SHARMA, A.M. This is an appeal filed by the assessee against the ex parte order of ld.CIT(A)-3, Jaipur dated 31/10/2018 for the A.Y. 2014-15 in the matter of order passed U/s 143(3) of the Income Tax Act, 1961 (in short the Act).
In this appeal, the assessee is aggrieved for the ex parte order of the ld. CIT(A) as well as merit of the addition so upheld by him.
ITA 1319/JP/2018 2 Subhash Chand Bapna Vs ITO
It was argued by the ld AR of the assessee that hearing of the case was first fixed on 21/03/2018 wherein the assessee requested for adjournment and the case was adjourned to 27/04/2018. Again on 24/5/2018, the case was adjourned at the request of the assessee.
However, on 26/6/2018, the ld. AR attended the case of the assessee which was adjourned to 07/8/2018. Finally the case was adjourned to 30/10/2018 wherein the assessee could not attend before the ld. CIT(A) and the ld. CIT(A) dismissed the appeal for non-prosecution. The ld AR of the assessee explained the reasons for non-appearing before the ld. CIT(A).
I have heard the rival contention and found that in this case, addition has been made by the Assessing Officer treating the entire amount of sale proceeds of shares and commission paid as income from undisclosed sources which was claimed as exempt by the assessee U/s 10(38) of the Act as long term capital gain being traded on National Stock Exchange and also Securities transaction Tax was paid. However, the Assessing Officer did not agree with the assessee’s contention and made the addition. Without going into the merit of the addition and considering the reasonable cause for non-appearance before the ld. CIT(A) on 30/10/2018, he dismissed the appeal for non-prosecution.
ITA 1319/JP/2018 3 Subhash Chand Bapna Vs ITO Keeping in view the substantial interest of justice, I set aside the ex parte order of the ld. CIT(A) and the matter is restored back to the file of the ld. CIT(A) to decide the issue afresh as per law after giving due and reasonable opportunity of being heard to the assessee. The assessee is directed to appear before the ld. CIT(A) within a period of 30 days from the date of receipt of this order. I direct accordingly.
In the result, appeal of the assessee is allowed in part for statistical purposes in terms indicated hereinabove.
Order pronounced in the open court on 26th March, 2019
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सहायक पंजीकार@Aेेज. त्महपेजतंत