M/S V N EXPORTS ,MUMBAI vs. ASST CIT 19(3) , MUMBAI

O R D E R Manoj Kumar Aggarwal (Accountant Member): -

1. 1. Aforesaid appeals by assessee for Assessment Years (AY) 2011-12 & 2012-13 contest separate orders of learned first appellate authority.

2. At the time of hearing, none appeared for assessee. Upon perusal of impugned order, it could be seen that the impugned orders are ex-parte orders since the assessee failed to appear during appellate proceedings despite being provided with sufficient opportunity of hearing. The Ld. DR pleaded for dismissal of the appeals. The sole issue involved in the appeals is addition on account of suspicious purchases.

3. Upon perusal of assessment orders, we find that Ld. AO made certain estimated additions on account of suspicious purchases. Upon further appeal, Ld. CIT(A) not only confirmed the addition, but also enhanced the same and disallowed entire purchases. Aggrieved the assessee is in further appeal before us.

4. Though, we concur with the submissions of Ld. DR, however, keeping in view the principles of natural justice, we deem it fit to grant another opportunity of hearing to the assessee. Accordingly, the impugned orders are set-aside and the matter, for both the years, are restored to the file of Ld. CIT(A) for fresh adjudication after providing sufficient opportunity of hearing to the assessee. The assessee, in turn, is directed to substantiate his stand failing which Ld. CIT(A) shall be at liberty to re-adjudicate the matter on the basis of material on record.

5. Both the appeals stand allowed for statistical purposes.

Order pronounced on 07th September, 2021. (Pavan Kumar Gadale) (Manoj Kumar Aggarwal) न्याययक सदस्य / Judicial Member लेखा सदस्य / Accountant Member मुंबई Mumbai; यदनांक Dated : 07/09/2021 Sr.PS, Dhananjay