V MART RETAIL LTD.,GURGAON, HARYANA vs. A.C.I.T., CIRCLE - 7(1), KOLKATA, KOLKATA

Brief facts of the case of the assessee is that the assessee company filed its return of income on 13.08.2012 declaring total income of Rs. 16,32,48,820/-. Subsequently on information received from the Investigation Wing as there was heavy amount of Assessment Year: 2012-13 V Mart Retails Ltd. transaction in the bank accounts, a notice u/s 148 was issued, the assessee company filed a return of income., show cause notice has also been received but no reply has been submitted, as a result of the which, the AO has held that an amount of Rs. 1,10,23,450/- remained unexplained and treated as bogus and not genuine.

Aggrieved by the said order the assessee preferred an appeal before the Ld. CIT(A) wherein the appeal of the assessee has been dismissed on the ground that the assessee did not rebut the finding of the AO nor he made any submission in support of the grounds of appeal before the undersigned, in spite of giving notices on various dates issued.

The ld. Counsel for the assessee instead of arguing into merit of the case has fairly submitted that the assessee has to give an opportunity to place his case before the Ld. CIT(A) as the assessee did not produce submission before the Ld. CIT(A) as circumstances was beyond to the control of the assessee.

Contrary to that the Ld. D.R though supports the impugned order but did not raise any objection if the case is remitted back to the file of Ld. CIT(A).

We have gone through the order passed by the Ld. CIT(A) and find that the Ld. CIT(A) has held in his order the assessee has not made any separate submission in support of the ground of appeal in spite of issuance of hearing notice u/s 250 of the Act on various dates. The order is therefore passed on the basis of details of evidence on record. From the perusal of the order of the Ld. CIT(A) it is clear that it has been passed when the assessee did not make any submission before the Ld. CIT(A). The prayer of the assessee is that the assessee has to give an opportunity to place its case before the Ld. CIT(A). For the interest of justice, we are inclined to restore the case of the assessee before the Ld. CIT(A) for passing a fresh order. Accordingly, the order passed by the Ld. CIT(A) is hereby set aside and the appeal of the assessee is restored into the file of Ld. CIT(A) for fresh adjudication.