KAILASH PRASAD DHYAWALA,KOLKATA vs. ITO, WARD - 44(2), KOLKATA, KOLKATA
What did the Tribunal hold?
The ITAT set aside the appeal to the file of the CIT(A) for fresh adjudication. The CIT(A) was directed to consider the development of law and dispose of the appeal after giving the assessee an opportunity to be heard.
What were the facts?
The assessee's appeal against the addition made under Section 68 of the Income Tax Act was confirmed by the CIT(A). The assessee did not appear before the ITAT, and no adjournment was sought.
What were the issues?
Whether the addition made under Section 68 was justified and whether the assessee was provided with adequate opportunity of being heard.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
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.
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