VENKATESH ADVISORY SERVICES PVT. LTD.,KOLKATA vs. ITO, WARD 9(2), KOLKATA, KOLKATA

The assessee has filed its instant miscellaneous application seeking to recall our order dated 18.06.2018 dismissing the main appeal for non-prosecution on account of its non-appearance on 18.06.2018.

The assessee’s only plea during the course of hearing is that its address has remained unchanged through out. It has also stated to have received our ex parte order at the very address. Its case therefore is that its non-appearance during the main case hearing is neither intentional nor deliberate but on account of non-service of notice. All this indicates that the assessee’s instant miscellaneous application carries merit as its non-appearance in main appeal hearing is neither intentional nor deliberate. We therefore recall our order dated 18.06.2018. The miscellaneous application MA No. 125/Kol/2018 is allowed.

We take up assessee’s main appeal itself with the consent of both the parties. It emerges from the CIT(A)’s order that it has been passed his order under challenged ex parte on account of assessee’s non-appearance after fixing the case on 16.02.2017 only. He has confirmed the Assessing Officer’s action treating the assessee’s share capital amounting of Rs. 8,94,50,000/- to be unexplained cash credits u/s 68 of the Act. Learned Departmental Representative fails to dispute that this lower appellate order has nowhere discussed merits of the issue as contemplated u/s 250(6) of the act followed by a detailed adjudication. We therefore restore the instant main appeal back to the CIT(A) for afresh adjudication on merits. It is made clear that the assessee shall appear with a copy of our order on or before 05.12.2018 on its own. It shall thereafter be afforded three effective opportunities of hearing to conclude arguments. Its failure in doing so would amount to automatic vacation of our instant remand directions. is allowed for statistical purposes.