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Income Tax Appellate Tribunal, “SMC” BENCH : KOLKATA
Before: Hon’ble Shri J.Sudhakar Reddy, AM]
This appeal by the Assessee is directed against the order of the ld. Commissioner of Income Tax (Appeals)-19, Kolkata (hereinafter the ‘ld. CIT(A)’), dt. 10.01.2018 passed u/s 250 of the Income Tax Act, 1961 (the ‘Act’) for the assessment year 2012-13.
After hearing rival submission and on a careful consideration of the facts and circumstances of the case, a perusal of papers on record and orders of the lower authorities below as well as case law cited, I hold as follows.
I find that the Ld. CIT(A) passed an ex parte order. He has not disposed off the case on merits. The assessee has convinced me that he was prevented by sufficient cause from appearing before the Ld. CIT(A).
Krishna Kumar Mohta A.Yr.2012-13 4. In view of the above, this appeal is set aside to the file of the Ld. CIT(A) for fresh adjudication in accordance with law on the grounds of natural justice.
The assessee is directed to appear before the Ld. CIT(A) within one month from the receipt of the copy of this order, take notice and thereafter co-operate with the Ld. CIT(A) in disposing off this appeal.
In the result, the appeal of the assessee is allowed for statistical purposes.
Order pronounced in the Court on 27.06.2018
Sd/- [ J.Sudhakar Reddy] Accountant Member Dated : 27.06.2018 SB, Sr. PS Copy of the order forwarded to:
1. 1. Krishna Kumar Mohta, 43, Moulana Abdul Kalam Azad Road, Flat No. 6, 6th Floor, Pritam Apartment, Kolkata-711 101 2. ITO, Ward-61(2), Kolkata, 169, A.J.C. Bose Road, 1st Floor, Central Revenue Building, Kolkata-700014. 3..C.I.T.(A)- , Kolkata 4. C.I.T.- Kolkata.
5. CIT(DR), Kolkata Benches, Kolkata.