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Income Tax Appellate Tribunal, KOLKATA BENCH “D”, KOLKATA
Before: SH. S.S.GODARA & DR.A.L.SAINI
ORDER
PER S.S.GODARA, JUDICIAL MEMBER This assessee’s appeal for AY 2012-13 arises against the order dated 15.03.2017 passed by Learned CIT(A)-5, Kolkata u/s 143(3) of the Income tax Act, 1961 (in short “Act”) confirming the Assessing Officer’s action disallowing its purchase claim of Rs.5,21,19,856/- to be bogus followed by section 14A r.w.Rule 8D disallowance of Rs.71,416/- made in the course of assessment framed on 30.03.2015, involving proceedings u/s 143(3) of the Act.
Heard both the parties and reiterating their respective stands in support of the impugned twin disallowances/additions. Case filed perused.
It emerges at the outset from the instant case filed that the Ld.CIT(A) has passed his lower appellate order ex-parte against the assessee while affirming the Assessing Officer’s action disallowing assessee’s purchase of Rs.5,21,19,856/- as bogus as well as invoking section 14A r.w.Rule 8D disallowance of Rs.71,416/- respectively. Learned DR vehemently submitted during the course of hearing that the assessee did not put in appearance in the last three dates of hearing i.e. 04.10.2016, 16.02.2017 and 14.03.2017. We find no merit in the instant arguments as there is not even a single observation about the actual service of Year: 2012-13] corresponding hearing notice in Learned CIT(A)’s order. Coupled with this, it is evident that Learned CIT(A) has nowhere discussed the relevant evidence available in the case filed running into almost 300 pages in support of genuineness of the impugned purchases as stipulated u/s 250(6) of the Act. We therefore restore the instant appeal back to Learned CIT(A) for fresh adjudication as per law after giving adequate opportunity of hearing being heard to the assessee.
This assessee’s appeal is allowed for statistical purposes. Order pronounced in the open court on 26.10.2018.