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Income Tax Appellate Tribunal, MUMBAI BENCH “G”, MUMBAI
Before: SHRI RAJESH KUMAR & SHRI AMARJIT SINGH
Per Rajesh Kumar, Accountant Member:
The present appeal has been preferred by the assessee against the order dated 02.12.2019 of the Commissioner of Income Tax (Appeals) [hereinafter referred to as the CIT(A)] relevant to assessment year 2015-16.
The only issue raised by the assessee in the various grounds of appeal is against the confirmation of addition by Ld. CIT(A) as made by the AO under section 68 in respect of long term capital gain of Rs.42,33,893/- which was claimed by the assessee as exempt under section 10(38) of the Act.
2 Shri Sunder Vishan Lakhani Gokul 3. At the outset, the LD. Counsel of the assessee has pointed out that the appeal of the assessee has been dismissed by the Ld. CIT(A) without considering the merit of the case despite the assessee having filed written submissions before the Ld. CIT(A) along with the necessary evidences. The Ld. A.R. therefore prayed that the matter may kindly be restored to the file of the Ld. CIT(A) to decide the same on merit to which the Ld. D.R. fairly agreed.
After hearing both the parties and perusing the material on record, we observe that the Ld. CIT(A) has dismissed the appeal of the assessee without considering the merit of the assessee by mentioning that assessee has not attended the proceedings on the date given. In our view, it would meet the ends of the justice if the assessee is granted one more opportunity of hearing before the Ld. CIT(A) to present his case on merit. Accordingly, we are setting aside the issue to the file of the Ld. CIT(A) with the direction to decide the same on merit after affording a reasonable opportunity to the assessee and assessee is also directed to cooperate in the proceedings before the Ld. CIT(A).
In the result, appeal of the assessee is allowed for statistical purposes.
Order pronounced in the open court on 31.12.2020.