M/S HARIDWAR IRON AND ISPAT ROLLING LTD.,MUZAFFARNAGAR vs. DCIT, NEW DELHI

None appeared on behalf of the assessee despite service of notice. Further it was seen that the Ld. CIT(A) has passed exparte order due to non appearance. Therefore, this appeal is being decided on the basis of material available on record and after hearing the Ld. DR.

After hearing the Ld. DR and on perusal of the record, we find the Assessing officer completed the assessment u/s. 143 (3) determining the loss at Rs.11,90,33,790/- as against the loss declared by the assessee at Rs.14,00,33,790/-. We find since there was no compliance before the CIT(A) he passed an exparte order dismissing the appeal filed by the assessee holding that assessee is not interested in pursuing the matter. However, the Ld. CIT(A) has noy decided the appeal on merit.

It is the settled preposition of law that the Ld. CIT(A) cannot dismiss the appeal for want of prosecution and he has to decide the issue on merit even if the assessee does not appear before him. Considering the totality of the facts of the case we deem it proper to restore the issue to the file of the CIT(A) with a direction to pass a speaking order on merit. The assessee is also hereby directed to appear before the CIT(A) and substantiate its claim if so advised. The Ld. CIT(A) shall decide the issue as per fact and law after giving due opportunity of being heard to the assessee. We hold and direct accordingly. The grounds raised by the assesee are accordingly allowed for statistical purpose.

In the result, the appeal filed by the assessee is allowed for statistical purpose. Page | 2