VISION IMPORT PVT. LTD.,JAIPUR vs. ITO, WARD-10(2), KOLKATA

The ld. Counsel for the assessee at the outset submitted that the case of the assessee was decided ex-parte by the ld. AO vide order dated 18.12.2018, passed u/s 147/144 of the Act when the assessee could not make compliance to the notices issued. Similarly, the ld. CIT (A) also passed ex-parte order dismissing the appeal when the assessee failed to furnish any evidences/ submissions before the ld. CIT (A). The ld. AR submitted that the assessee has passed through a very difficult time due to acute cash crunch and business is virtually closed. Therefore, in the justice and fair play, the assessee may allow one

The ld. DR on the other hand left the issue to the wisdom of the Bench.

After hearing the rival contentions and perusing the materials available on record, we find that the assessment order as well as the appellate order were passed ex parte when the assessee failed to make the compliance on various dates given by these authorities. We note that the assessee’s business has been closed and business operation have suffered adversely. Considering these facts and circumstances, we earnestly feel that in the interest of justice and fair play and to well serve the ends of justice it would be appropriate if the issue is restored to the file of the ld. AO for denovo adjudication after examining the evidences which the assessee may file in the set aside proceedings. Accordingly, we restore the issue to the file of the ld. AO with a direction to decide the same after affording reasonable opportunity of hearing to the assessee.

In the result, the appeal of the assessee is allowed for statistical purposes.