REVIVE SECURITIES PVT. LTD.,MUMBAI vs. ITO 3 (3)(1), MUMBAI

order of Commissioner of Income Tax (Appeals) -8, Mumbai passed u/s 143(3) r.w.s 147 and 250 of the Income Tax Act.

Revive Securities Pvt Ltd, Mumbai. - 2 - 2. At the time of hearing, the Ld.AR submitted that the LdCIT(A) has passed an ex-parte order and the appeal hearing notices were sent to the old address of the assessee office and therefore could not appear before the appellate Authority. Further the assessee has a good case on merits and prayed for an opportunity of hearing be provided to the assessee to substantiate the case with the evidences and explanations. Contra, the Ld.DR has no specific objections. Accordingly, we set aside the order of the LdCIT(A) and restore the disputed issues to the file of the LdCIT(A) to adjudicate afresh on merits and pass a speaking order. Further, adequate opportunity of hearing be provided to the assessee. The assessee should also cooperate in submitting the information for early disposal of the appeal and allow the grounds of appeal of the assessee for statistical purposes.

Revive Securities Pvt Ltd, Mumbai. - 3 - 3. In the result, the appeal filed by the assessee is allowed for statistical purposes.

Order pronounced in the open court on 24.05.2021