SHRI SOURAV BISWAS,KOLKATA vs. ITO, WARD - 37(1), KOLKATA, KOLKATA

Before us, this appeal was filed with a delay of 101 days and the assessee filed an affidavit stating reasons. On perusal of the said facts and hearing both the parties, we find the reasons stated therein are bonafide and, therefore, the delay of 101 days in filing of the appeal are condoned.

Heard both the parties and perused the material on record. The assessee is an individual and is engaged in the business of wholesale trading of food items, edible oil and pulses.

It is pertinent to note that there was no representation before the Assessing Officer in the assessment proceedings and the ld. A/R submits that if the Tribunal pleases to remand the issue to the file of the Assessing Officer, the assessee Assessment Year: 2013-14 Shri Sourav Biswas undertakes to place all the relevant details regarding the factual aspects before the Assessing Officer.

It is noted that the assessee raised the grounds challenging the action of the ld. CIT(A) in confirming the additions involving estimation of net profit, addition on account of unexplained cash credit and treating the gifts received as unexplained cash credit. But, however, it is observed from the impugned order that the ld. CIT(A) without deciding the grounds on merits disposed off the grounds ex-parte. 5.1. In our opinion, taking into consideration the facts and circumstances of the case and additions confirmed thereon requires finding by the ld. CIT(A) and as discussed above since the ld. CIT(A) decided the appeal grounds ex-parte, in the interest of justice, we deem it proper to remand the matter to the file of the Assessing Officer for his fresh consideration subject to a payment of cost of Rs.5,000/- by the assessee in favour of Prime Minister Relief Fund, within 15 days from the date of receipt of this order. The assessee is at liberty to file evidence, if any, before the Assessing Officer in support of his claims. Accordingly, the grounds raised