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Income Tax Appellate Tribunal, KOLKATA ‘C’ BENCH, KOLKATA
Before: Shri J. Sudhakar Reddy & Shri Aby T. Varkey]
Per Shri A.T.Varkey, JM:
This appeal is filed by the assessee directed against the order of the Commissioner of Income Tax (Appeals)-10, Kolkata [‘CIT(A)’ for short] dated 26.09.2017.
At the outset we note that there is a delay in filing this appeal. After considering the cause for delay in filing appeal, we are convinced that the assessee was prevented by sufficient cause from filing of the instant appeal on time. Hence the delay is condoned and the appeal is admitted.
None appeared on behalf of the assessee despite issue of notice by RPAD. There is no application for adjournment either. We find that the ld. Assessing Officer (‘AO’ for short) has passed an ex-parte order. He has not disposed off the appeal on merits. Such dismissal for non-prosecution is not permissible in law.
The ld. DR submitted that the issue may be restored to the file of the AO as there was violation of principles of natural justice at the stage of the assessment itself.
Assessment Year: 2014-15 Kolkata Police Cooperative Bank Ltd. 5. Under these circumstances we set aside the matter to the file of the AO for fresh adjudication in accordance with law.
In the result, the appeal of the assessee is allowed for statistical purposes. Kolkata, the 31st October, 2019.