PRESIDENCY IMPEX PRIVATE LTD.,KOLKATA vs. ITO, WARD - 7(2), KOLKATA, KOLKATA
What did the Tribunal hold?
The Tribunal found the reasons for the absence before the CIT(A) to be bonafide. Therefore, the matter was remanded to the CIT(A) for fresh adjudication.
What were the facts?
The assessee's appeal was filed against the order of the CIT(A) for AY 2012-13. The assessee did not appear before the CIT(A) due to the illness of their appointed Chartered Accountant.
What were the issues?
Whether the assessee's absence before the CIT(A) was due to bonafide reasons, justifying a remand for fresh adjudication.
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, KOLKATA BENCH “B”, KOLKATA
ORDER
PER S.S. VISWANETHRA RAVI, JUDICIAL MEMBER
This appeal filed by the assessee against the order dated 29.06.2017 passed by CIT(A)-12, Kolkata for AY 2012-13.
Heard both parties and perused the material available on record. It is noted that there is no representation on behalf of the assessee before the CIT(A). Ld.AR filed an affidavit of Chartered Accountant who is stated to be appointed as AR to represent the case of the assessee before the First Appellate Authority. On perusal of the said affidavit, it is noted that the said AR was unwell, suffering from high fever and he could not represent the appeal of the assessee before the CIT(A). We find that the reasons stated by the said Chartered Accountant are bonafide which really prevented the said AR in appearing before the First Appellate Authority. Therefore, taking into consideration the submissions of Ld.AR & Ld.DR, we deem it proper to remand the matter to the CIT(A) for its fresh adjudication. The assessee is liberty to file evidences, if any, in support of its contention. Thus, grounds raised by the assessee are allowed for statistical purposes.
In the result, the appeal of the assessee is allowed for statistical purposes.
Order pronounced in the open court on 20.03.2019.
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