ABHAY GANPAT RAWOOL,MUMBAI vs. ASST. CIT 21 (1), MUMBAI

At the time of hearing of appeal, none appeared for assessee. The Ld. DR pleaded for dismissal of appeal by pointing out that the assessee failed to appear before first appellate authority also. In this appeal, the assessee is aggrieved by certain additions arising on account of application of Sec.50C. From para-6 of the impugned order, it is evident that despite notices, the assessee has failed to attend appellate proceedings and consequently, the addition of Rs.76.85 Lacs has been confirmed whereas another addition of Rs.18.47 Lacs has been deleted.

Although we concur with Ld. DR’s submissions that the assessee remained negligent, however, keeping in view the principle of natural justice, the bench deems it fit to provide another opportunity to the assessee to substantiate its case before learned first appellate authority qua addition of Rs.76.85 Lacs. Therefore, impugned order, on this issue, is set-aside and the same is restored back to the file of Ld. CIT(A) for re- adjudication after providing another opportunity of hearing to the assessee. The assessee, in turn, is directed to substantiate its claim failing which Ld. CIT(A) shall be at liberty to proceed with adjudication on the basis of material on record. 3. The appeal stand allowed for statistical purpose. Order pronounced on 03rd May, 2021.