RAHUL SPRINGS PRIVATE LIMITED,PANAGARH vs. CIRCLE 1, DURGAPUR, DURGAPUR

Per Bench :

This is an appeal filed by the assessee against the order of the National Faceless Appeal Centre [hereinafter referred to as the ‘CIT(A)’] in appeal no.NFAC/2013-14/10274269 dated 28.08.2024. 2. Shri Rajesh Kumar Mishra, Advocate represented on behalf of the assessee and Shri S. B. Chakraborthy, Sr. DR represented on behalf of the revenue.
Rahul Springs Pvt. Ltd.

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3. The appeal has been filed by the assessee with a delay of 195
days. The assessee has filed an application for condonation of delay. The reasons in the application are plausible and valid. Consequently, the delay in filing the appeal is hereby condoned and we proceed to dispose off the appeal on merits.
4. During the course of hearing, it was submitted by the ld. AR that the ld. CIT(A) has dismissed the appeal of the assessee ex parte without providing any sufficient opportunity of being heard to the assessee. It was the prayer that the matter may be restored to the file of ld. CIT(A) to decide the issues involved in the appeal afresh so that the assessee could be able to produce all the evidences to substantiate its claim.
5. In reply, the ld. Sr. DR vehemently supported the orders of the authorities below.
6. We have considered the rival submissions. A perusal of the order of the ld. CIT(A) clearly shows that the assessee could not make any compliance before the ld. CIT(A). This being so, in the interest of justice, we grant the assessee one more opportunity to substantiate its claim before the ld. CIT(A) by restoring the issues in the appeal to the file of ld.
CIT(A) for adjudicating afresh after providing the assessee adequate
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opportunity of being heard. The assessee shall cooperate in the re- adjudication proceedings before the ld. CIT(A) positively.
7. In the result, appeal of the assessee is partly allowed for statistical purposes.
Kolkata, the 2nd September, 2025. [Rajesh Kumar]

[George Mathan]
लेखा सदèय/Accountant Member

ÛयाǓयक सदèय/Judicial Member

Dated: 02.09.2025. RS

Copy of the order forwarded to:
1. Appellant -
2. Respondent –
3. CIT(A)-
4. CIT- ,

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By order