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Income Tax Appellate Tribunal, KOLKATA ‘SMC’ BENCH, KOLKATA
Before: Sri J. Sudhakar Reddy
Appearances by: None , appeared on behalf of the assessee. Shri Kalyan Nath, Addl. CIT, D/R. appearing on behalf of the Revenue. Date of concluding the hearing : September 6th, 2018 Date of pronouncing the order : October 10th , 2018 ORDER Per J. Sudhakar Reddy, AM :- This appeal filed by the assessee is directed against the order of the Learned Commissioner of Income Tax (Appeals)-1, Kolkata, (hereinafter the ‘Ld. CIT(A)’), dt. 31/01/2017, passed u/s 250 of the Income Tax Act, 1961 (hereinafter the ‘Act’), relating to Assessment Year 2009-10, wherein the addition made u/s 68 of the Act, was confirmed.
None appeared on behalf of the assessee. There is no petition for adjournment either. Under these circumstances, we proceed to dispose of the case ex-parte, qua the assessee, on merits, after hearing the ld. D/R.
Heard the ld. D/R. I am of the considered opinion that this appeal should be set aside to the file of the ld. CIT(A), for fresh adjudication. The ld. CIT(A), shall consider the development of law on this issue and dispose of these appeals, afresh, after giving the assessee adequate opportunity of being heard. The assessee is directed to appear before the ld. CIT(A) within one month of receipt of this order, either by himself or through his Authorised Representative, take notice and thereafter continue to co-operate till the disposal of the appeal.
Assessment Year: 2008-09 Kailash Prasad Dhyawala
In the result, this appeal of the assessee is allowed for statistical purposes.