STYLISH PRECAST PVT. LTD.,KOLKATA vs. A.C.I.T., CIRCLE - 5(1), KOLKATA

Brief facts of the case of the assessee is that the assessee being a company filed its return of income declaring total loss of Rs. 1,74,87,200/- under normal provision of the Act and book loss of Rs. 26,12,873/- under the provision of section 115JB of the Act. The case of the assessee was selected for scrutiny, notice u/s 143(2) was issued. Statutory notice u/s 142(1) was also issued but the assessee failed to provide proper explanation as sought from the various notices; as a result of which the AO assessed the total income as under:

Aggrieved by the said order, the assessee preferred an appeal before the Ld. CIT(A) wherein the appeal of the assessee has been dismissed as there was no compliance.

Contrary to that the Ld. D.R supports the impugned order.

Upon hearing the submission of the counsel of the respective parties, we have perused the order of both the lower authorities and find that the AO has assessed the total income of the assessee when there was no compliance, the Ld. CIT(A) has also dismissed the appeal of the assessee in limine as there was no compliance. Since the order passed by the Ld. CIT(A) not on the merit and the order passed by the AO is also in absence of the assessee, for the interest of justice we feel it necessary to provide an opportunity to the assessee to place its case before the AO. Accordingly, we restore the appeal of the assessee before the AO for fresh adjudication, and the order passed by the AO confirmed by the Ld. CIT(A) is hereby set aside.