M/S. SHAKUMBRI ENTERPRISES PVT. LTD.,,KOLKATA vs. I.T.O., WARD - 1(4),, KOLKATA

The appeal is time barred by 101 days in filing the appeal by the assessee. However, the assessee did not file any affidavit or condonation petition before the ITAT in support of condonation of delay of 101 days.

Considering the facts and circumstances of the case, we are of the view that the assessee was prevented in filing the appeal within the stipulated time. Therefore, we are inclined to condone the delay of 101 days. Hence the delay is condoned.

At the time of hearing, ld. Counsel for the assessee submitted that the ld. CIT(Appeals) has passed the order ex-parte without giving opportunities to the assessee. He also submitted that even the assessment order has been passed under section 144 of the Act due to non-compliance from the side of the assessee with regard to the show-cause notice. He prayed for one more opportunity to substantiate his case before the ld. CIT(Appeals). 5. At the time of hearing, ld. Sr. Departmental Representative supported the orders of lower authorities. M/s. Shakumbri Enterprises Pvt. Ltd.

We have heard both the sides and perused the material available on record. A perusal of the impugned order clearly shows that as there was no response to the notices to substantiate the claim with documentary evidences and submissions, ld. CIT(Appeals) confirmed the addition made by the ld. Assessing Officer. It is also evident that the ld. CIT(Appeals) has not discussed the issue on merits and dismissed the appeal due to non-appearance. We also find that the assessment order has been passed u/s. 144 of the Act as the assessee remained non- compliant and failed to produce any evidence or supporting documents in support of the claim. Considering the facts and circumstances of the case, we are inclined to set aside the order passed by the ld. CIT(Appeals) and in order to meet the principle of natural justice, remit the matter back to the file of the ld. CIT(Appeals) with a direction to provide one more opportunity of being heard to the assessee. At the same breath, we also hereby caution the assessee to promptly co-operate with the proceedings before the ld. CIT(Appeals) failing which the ld. CIT(Appeals) shall be at liberty to pass appropriate order in accordance with law and merits based on the materials available on the record. Thus, the M/s. Shakumbri Enterprises Pvt. Ltd.