UNIVERSAL ENTERPRISES,KOLKATA vs. DCIT,CIRCLE-36, KOLKATA

The present appeal has been preferred by the assessee against an order dated 25.11.2024 of the Commissioner of Income Tax (Appeal)-12, Delhi [hereinafter referred to as ‘CIT(A)’] passed u/s 250 of the Income Tax Act (hereinafter referred to as the ‘Act’).

Brief facts of the case are that the assessee filed its return of income on 31.10.2006 declaring total income of Rs.8,97,815/-. The case of the assessee was selected for scrutiny under CASS followed by notice issued u/s 143(2) and 142(1) of the Act but the notices were could not serve personally to the assessee. Therefore, the Assessing Officer served notices through affixation. Due to non-compliance on the part of the assessee, the Assessing Officer passed the assessment order u/s 144 of the Act by disallowing future commodities speculation debited in P&L A/c at Rs.1,12,411/-, sundry balance written off debited in P&L A/c at Rs.10,99,558/-.

Dissatisfied with the above order, the assessee preferred an appeal before the ld. CIT(A) against the assessment order. However, before the ld. CIT(A) also, the assessee has failed to turn up. The ld. CIT(A) pleased to uphold the order of the Assessing Officer by dismissing the appeal of the assessee.

Aggrieved by the said order, the assessee filed the present appeal before this Tribunal raising various grounds. However, the primary contention of the ld. AR is that the appellate order of the ld. CIT(A) was an ex parte order and in this regard, the assessee has made its submission on 17.08.2023 but the ld. CIT(A) did not consider the same. Since the assessee has never received any communication regarding the issuance of notices from the end of ld. CIT(A), therefore, the ld. AR prayed that the assessee may be given an opportunity by remanding the matter to the file of the ld. CIT(A).