PAAWAN RAMESHCHANDRA SEKSARIA,MUMBAI vs. ITO 17(2)(5), MUMBAI

This appeal is filed by the assessee against order of Learned Commissioner of Income Tax (Appeals)–58, Mumbai [hereinafter in short “Ld.CIT(A)”] dated 05.11.2018 for the A.Y. 2013-14.

Assessee has raised following ground in his appeal: - “In the facts and circumstances of the case and in law, the Ld.CIT(Appeals) – 58, Mumbai has erred in confirming the action of the Assessing Officer in disallowing the interest expenditure of Rs.5,39,181/- claimed u/s. 57(iii) without considering the factual matrix of the case.”

Heard Ld.DR, perused the orders of the authorities below. On a perusal of the Ld.CIT(A) order, I find that even though the Ld.CIT(A) provided opportunity on several occasions assessee could not appear before the Ld.CIT(A). Considering the totality of facts and circumstances of the case and keeping in view the additions/disallowance made by the Assessing Officer, in the interest of justice I am of the opinion that assessee should be given one more opportunity of being heard. Thus, this appeal is restored to the file of the Ld.CIT(A) for denovo adjudication in accordance with law. Assessee is directed to appear before the Ld.CIT(A) and shall cooperate with the appellate proceedings without taking unnecessary adjournments. Thus, this appeal is restored to the file of the Ld.CIT(A) accordingly.