SRI.K.N.SREEKUMAR,KOTTAYAM vs. THE ACIT, KOTTAYAM

Since common issues are involved in these appeals, they were heard together and are being disposed of by this consolidated order.

These appeals were earlier dismissed by the ITAT for want of prosecution from the side of the assessee. However the

Today, when the matter was called for, an adjournment application was filed by the assessee. However, these appeals are very old and the order of the CIT(A) is a non-speaking order, so the Bench felt that the bench will decide the matter. Therefore, the adjournment application filed by the assessee stands rejected.

The learned Departmental Representative could not seriously object to the suggestion of the bench for restoring the matter back to the file of the CIT(A) for deciding afresh.

After perusing the material available on record, we observe that two major issues are involved in these cases, i.e., (i) issue of agricultural income, for which the CIT(A) has held that the assessee failed to file any evidence to substantiate its claim of agricultural income, and (ii) set off of the business loss with short term capital gain, on this issue the CIT(A) has not dealt in detail. Therefore, we are of the firm opinion that the matters require fresh adjudication at the end of the ld.CIT(A). Therefore, we restore these matters to the file of the CIT(A) for passing a fresh order in accordance with law after providing reasonable opportunity of being heard to the assessee. The assessee is also directed to place on record all the relevant material before the CIT(A) so that the issues involved can be decided in judicious manner.