MAYAJAAL ENTERTAINMENT LTD.,CHENNAI vs. ITO, CHENNAI

The aforesaid appeal by assessee for Assessment Year [AY] 2014- 15 arises out of the order of learned Commissioner of Income Tax (Appeals)-8, Chennai [CIT(A)] dated 19/08/2019 in the matter of assessment framed by Ld. Assessing Officer [AO], u/s.143(3) on 31/12/2016.

The Ld. AR, at the outset, drawing attention to Ground Nos. 1 & 2.3, submitted that the lower authorities did not consider the documents filed by the assessee. In fact, Ld. CIT(A) passed an ex-parte order confirming the assessment framed by Ld. AO. In the said background, Ld. AR pleaded for restoration of matter back to the file of Ld. AO for re- adjudication after considering the documents filed by the assessee in the paper book containing 107 pages. The Ld. DR, on the other hand, submitted that the assessee remained negligent in attending the appellate proceedings as noted in para-2 of the impugned order. 3. After going through para-2 of the impugned order, we concur with the submissions of Ld. DR that the assessee remained negligent in attending appellate proceedings. However, keeping in mind the principle of natural justice, we deem it fit to afford another opportunity of hearing to the assessee since the assessee has filed certain evidences in support of its claim which have remained to be considered by any of the lower authorities. Therefore, the assessment is set-aside to the file of Ld. AO for de novo assessment in the light of fresh documents filed by the assessee. The Ld. AO shall afford sufficient opportunity of hearing to the assessee, who, in turn, is directed to substantiate the claim failing which Ld. AO shall be at liberty to proceed with the assessment on the basis of material on record. 4. The appeal stand allowed for statistical purposes. Order pronounced on 11th October, 2021.