SHRI RATAN PAUL,KOLKATA vs. ACIT CIRCLE 50, KOLKATA, KOLKATA

The only issue is to be decided is as to whether the CIT(A) justified in confirming the addition made by the Assessing Officer ex parte in the facts and circumstances of the case. The ld. AR submits that the CIT(A) without securing assistance of assessee confirming the addition made by the Assessing Officer by applying net profit @8% on gross receipts. The CIT(A) also confirmed the finding of the Assessing Officer in rejecting the books of accounts of assessee. The ld. AR argued that there was no opportunity for the assessee to contest the Shri Ratan Paul C.O No.52/Kol/2017 Assessment Year: 2009-10 grounds raised before him and prayed to remit the matter to the file of the CIT(A) for his fresh consideration. The ld. DR submits that the CIT(A) has given many opportunities to the assessee in the first appellate proceedings and preferred to Para No.5 of the order of the CIT(A). Further, the CIT(A) should have confirmed all the additions made by the Assessing Officer. The ld. DR also stated that Assessing Officer arbitrarily disallowed the addition made on account of income tax payment and prayed to remit the matter to the file of CIT(A).

Heard both and perused the material on record. The contention of the ld. AR is that the Assessing Officer rejected the books of account and applied net profit @8% on the gross receipts and without giving an opportunity to the assessee, the CIT(A) confirmed the addition in that regard.

The grievance of the ld. DR is that in the absence of assessee, CIT(A) deleted the addition made on account of income tax payment. Taking into consideration the submissions of both ld. AR and DR and in the facts and circumstances of the case and the interest of natural justice, we deem it appropriate to remit both the appeal of the assessee and cross-objection of the Revenue to the file of CIT(A). The CIT(A) shall pass order in accordance with law by giving an opportunity to the assessee. The assessee is directed to produce all the evidences in support of his contentions. Ground raised in appeal by the assessee and ground raised by the Revenue in cross-objection are allowed for statistical purposes.

In the result, the appeal of the assessee and Cross-objection of the Revenue both are allowed for statistical purposes.