GOSPELL DIGITAL TECHNOLOGY PVT. LTD.,MUMBAI vs. DCIT,15(1)(2), MUMBAI

In the instant case, the assessment order u/s 143(3) of the Act was passed dated 18.03.2021 against which the Assessee filed first appeal on dated 06.04.2021, which was taken on consideration only on 09.07.2024 and thereafter on 25.07.2024, 12.08.2024 & 30.08.2024. The Assessee except seeking adjournments on the aforesaid four occasions, eventually made no compliance and therefore the Ld. Commissioner finding no option, decided the appeal of the Assessee as ex-parte and dismissed the same by holding that the Assessee has failed to submit any substantial evidence to overturn the decision made by the Assessing Officer (in short “the AO”) in the impugned assessment order, therefore it has been construed that the Assessee is not interested in prosecuting its appeal.

The Assessee, being aggrieved, is in appeal before this Court.

This Court has given thoughtful considerations to the peculiar facts and circumstances of the case and the conduct of the Assessee for non-compliance before the Ld. Commissioner as the Assessee except seeking repetitive adjournments made no compliance and therefore this Court is inclined not to interfere in the impugned order, however, considering the peculiar fact that issue involved remained to be adjudicated in its right perspective and proper manner, specifically in the absence of relevant reply/documents, which the Assessee failed to file and therefore for the substantial justice and just decision of the case and considering the conduct of the Assessee, this Court is inclined to remand the instant case to the file of the Ld. Commissioner for decision afresh, however, subject to deposit of Rs.2200/- in the Revenue Department under “other heads” without claiming any allowance/deduction of the same and within 15 days of the receipt of this order.

In the result, the appeal filed by the Assessee stands allowed for statistical purposes.