APRICOT CAPITAL PRIVATE LIMITED,MUMBAI vs. ITO 9(1)(3), MUMBAI

We find that the assessee has raised a preliminary ground on violation of principles of natural justice as the ld. CIT(A) had passed an order ex parte while disposing off the appeal.

We find that the ld. CIT(A) had granted several opportunities to the assessee but despite that none appeared on behalf of the assessee before the ld. CIT(A). Accordingly, the ld. CIT(A) confirmed the addition made by the ld. AO in respect of unexplained cash credit u/s.68 of the Act in the sum of Rs.2,88,31,317/-. Before us, the ld. AR prayed for one last opportunity for adjudication of the issue before the ld. CIT(A) on merits. Considering the totality of facts and circumstances of the case, we deem it fit and appropriate, in the interest of natural justice and fair play, to remand this appeal to the file of the ld. CIT(A) for denovo adjudication on merits in accordance with law. The assessee is also directed not to take any adjournment before the ld. CIT(A) except due to exceptional or bonafide circumstances. Accordingly, the grounds raised by the assessee are allowed for statistical purposes.

In the result, appeal of the assessee is allowed for statistical purposes.