NITI DESAI - LEGAL HEIR OF LATE HIRALAL G. DESAI,MUMBAI vs. ITO - 16(2)(4), MUMBAI

By way of this appeal, the assessee contest disallowance of depreciation of Rs.2.34 Lacs as made by Ld. AO while framing an assessment u/s 143(3) r.w.s. 147 on 23/12/2016. The disallowance, upon confirmation by learned first appellate authority, is under challenge before us.

Upon perusal of impugned order, it is noted that the assessee failed to attend appellate proceedings and the adjudication was done on the basis of written submissions filed by the assessee. The Ld. AR pleaded for another opportunity of hearing before Ld. CIT(A). The Ld. DR, on the other hand, pleaded for confirmation of appellate order. 3. 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. Therefore, impugned order is set- aside and 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. 4. The appeal stands allowed for statistical purpose. Order pronounced in the open court on 11th March, 2021. Sd/- Sd/- (Ravish Sood) (Manoj Kumar Aggarwal) �ाियक सद� / Judicial Member लेखा सद� / Accountant Member मुंबई Mumbai; िदनांक Dated : 11/03/2021 Sr.PS, Jaisy Varghese आदेशकी�ितिलिपअ�ेिषत/Copy of the Order forwarded to : 1. अपीलाथ�/ The Appellant 2. ��थ�/ The Respondent 3. आयकरआयु�(अपील) / The CIT(A) 4. आयकरआयु�/ CIT– concerned 5. िवभागीय�ितिनिध, आयकरअपीलीयअिधकरण, मुंबई/ DR, ITAT, Mumbai 6. गाड�फाईल / Guard File आदेशानुसार/ BY ORDER,