RAMAKANT BERIWALA ,KOLKATA vs. ITO, WARD - 36(1), KOLKATA , KOLKATA

The assessee in the present case is an individual, who is engaged in the business of trading and investment in shares and securities. The return of income for the year under consideration was filed by him on 31.07.2012 declaring a loss of Rs.5,411/-. In the assessment completed under section 143(3) vide an order dated 30.03.2015, the total income of the assessee was determined by the Assessing Officer at Rs.9,04,980/- after making certain additions.

Against the order passed by the Assessing Officer under section 143(3), an appeal was preferred by the assessee before the ld. CIT(Appeals) disputing the additions made by the Assessing Officer to his total income and since there was no compliance on the part of the assessee to the notices issued by him fixing the said appeal for hearing from time to time, the ld. CIT(Appeals) disposed of the appeal of the assessee vide his appellate order dated 08.06.2018 passed ex-parte sustaining the substantial additions made by the Assessing Officer. Aggrieved by the order of the ld. CIT(Appeals), the assessee has preferred this appeal before the Tribunal.

I have heard the arguments of both the sides and also perused the relevant material available on record. The ld. Counsel for the assessee has submitted that the appeal filed by the assessee for the year under consideration was taken up for hearing by the ld. CIT(Appeals) along with other appeal of the assessee for A.Y. 2014-15. He has contended that the submissions in support of his appeal for A.Y. 2014-15 were duly made by the assessee before the ld. CIT(Appeals) and since the submissions for the year under consideration i.e. A.Y. 2012-13 were not ready, adjournment was sought verbally during the course of hearing. He has contended that the ld. CIT(Appeals) disposed of the appeal of the assessee for A.Y. 2014- 15 on merit after taking into consideration the submissions made before him but inadvertently disposed of the appeal of the assessee for the year under consideration ex-parte under the impression that there was no adjournment or compliance. He has contended that the assessee thus has not got proper and sufficient opportunity of being heard before the ld. CIT(Appeals) in the matter of his appeal filed for the year under consideration and urged that the matter may be sent back to the ld. CIT(Appeals) for giving such opportunity to the assessee. Keeping in view the submissions made by the ld. Counsel for the assessee, I am inclined to accede to the request made by him and since the ld. D.R. has also not Assessment Year: 2012-2013 Ramakant Beriwala raised any objection in this regard, I remit the matter back to the ld. CIT(Appeals) for disposing of the appeal of the assessee afresh on merit after giving the assessee proper and sufficient opportunity of being heard.

In the result, the appeal of the assessee is treated as allowed for statistical purposes. Order pronounced in the open Court on November 22, 2018.