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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 order passed by the CIT(A)-1, Nashik on 14-11-2018 in relation to the assessment year 2010-11.
It is noticed that the assessment of the assessee was taken up and certain notices were issued. In the absence of any compliance by the assessee, the Assessing Officer determined the long term capital gain at
2 ITA No.03/PUN/2019 Namdeo Vitthal Khatale
Rs.12,50,000/- by means of an assessment completed u/s 144
of the Act. The first appeal filed by the assessee came to be
dismissed.
I have heard both the sides and perused the relevant
material on record. The reasons given by the ld. AR, which led
to the passing of assessment order ex parte, have been gone into. I am satisfied with the same. In my considered opinion,
the ends of justice would meet adequately if the impugned
order is set-aside and the matter is restored to the file of AO. I
order accordingly and direct him to frame the assessment
afresh as per law after allowing reasonable opportunity of
hearing to the assessee.
In the result, the appeal is allowed for statistical
purposes.
Order pronounced in the Open Court on 21st February, 2019
Sd/- (R.S.SYAL) उपा�य� उपा�य�/ VICE PRESIDENT उपा�य� उपा�य�
पुणे Pune; �दनांक Dated : 21st February, 2019 सतीश
ITA No.03/PUN/2019 Namdeo Vitthal Khatale
आदेश क� क� �ितिलिप �ितिलिप अ�ेिषत अ�ेिषत / Copy of the Order is forwarded to : क� क� �ितिलिप �ितिलिप अ�ेिषत अ�ेिषत आदेश आदेश आदेश
अपीलाथ� / The Appellant; 1. ��यथ� / The Respondent; 2. आयकर आयु�(अपील) / 3. The CIT (Appeals)-1, Nashik 4. The Pr. CIT-1, Nashik िवभागीय �ितिनिध, आयकर अपीलीय अिधकरण, पुणे “SMC” / 5. DR ‘SMC’, ITAT, Pune; गाड� फाईल / Guard file. 6. // True copy // आदेशानुसार आदेशानुसार/ BY ORDER, आदेशानुसार आदेशानुसार
// True Copy // Senior Private Secretary आयकर अपीलीय अिधकरण ,पुणे / ITAT, Pune
Date 1. Draft dictated on 20-02-2019 Sr.PS 2. Draft placed before author 20-02-2019 Sr.PS 3. Draft proposed & placed before the JM second member 4. Draft discussed/approved by Second JM Member. 5. Approved Draft comes to the Sr.PS/PS Sr.PS 6. Kept for pronouncement on Sr.PS 7. Date of uploading order Sr.PS 8. File sent to the Bench Clerk Sr.PS 9. Date on which file goes to the Head Clerk 10. Date on which file goes to the A.R. 11. Date of dispatch of Order. *