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Income Tax Appellate Tribunal, KOLKATA BENCH “A” KOLKATA
Before: Shri S.S.Godara & Dr. A.L. Saini
आदेश /O R D E R PER S.S.Godara, Judicial Member:- This assessee’s appeal for assessment year 2008-09 arises against the Commissioner of Income Tax (Appeals)-2, Kolkata’s order dated 05.10.2018 passed in case No.11558/CIT(A)-2/16-17, involving proceedings u/s 143(3) of the Income Tax Act, 1961; in short ‘the Act’. Heard both the parties. Case file perused.
It transpires at the outset that the CIT(A) has noted assessee’s non- appearance during lower appellate proceedings to decline its appeal in default thereby affirming the Assessing Officer’s action treating bank / cheque deposits of ₹1,60,85,500/- as unexplained cash credits u/s.68 of the Act.
Ahinsa Management Pvt. Ltd. Vs. DCIT, Cir-4(2), Kol. Page 2 Learned departmental representative fails to dispute that the CIT(A) has nowhere considered merits of the issue in view of the assessee’s detailed evidence forming part of the case record as contemplated u/s.250(6) of the Act requiring framing of points of determination followed by a detailed adjudication. We therefore deem it appropriate to restore the above sole issue involved in the instant lis back to the CIT(A) for afresh adjudication as per law within three effective opportunities of hearing. Ordered accordingly.