THE KARAD JANATA SAHAKARI BANK LTTD,,SATARA vs. INCOME-TAX OFFICER, WARD - 1,, SATARA

PER R.S.SYAL, VP : This appeal by the assessee is directed against the ex-parte order dated 21.02.2019 passed by ld. CIT(A)-13, Pune in relation to assessment year 2014-15. 2. We have heard the rival submissions and gone through the relevant material on record. Two issues have been raised in this appeal, viz., Disallowance u/s 36(1)(viia) of the Income-tax Act, 1961 (hereinafter referred to as „the Act‟) and Depreciation on investment. At the outset, the ld. AR submitted that the ld. CIT(A) passed the ex-parte order without granting adequate opportunity of hearing to the assessee. A request was made for sending the matter back to the ld. first appellate authority for disposing off the appeal afresh after hearing the assessee. No serious objection was taken by the ld. DR in this regard. In view of these facts, we set aside the impugned order and remit the matter to the file of ld. CIT(A) for disposal of appeal on merits after granting adequate opportunity of hearing to the assessee.

Date 1. Draft dictated on 06-12-2022 Sr.PS 2. Draft placed before author 06-12-2022 Sr.PS 3. Draft proposed & placed before the JM second member 4. Draft discussed/approved by Second JM Member. 5. Approved Draft comes to the Sr.PS/PS Sr.PS 6. Kept for pronouncement on Sr.PS 7. Date of uploading order Sr.PS 8. File sent to the Bench Clerk Sr.PS 9. Date on which file goes to the Head Clerk 10. Date on which file goes to the A.R. 11. Date of dispatch of Order. *