Loading judgment…
No AI summary yet for this case.
Income Tax Appellate Tribunal, “SMC” BENCH : KOLKATA
Before: Hon’ble Shri J.Sudhakar Reddy, AM]
ORDER This appeal by the Assessee is directed against the order of the ld. Commissioner of Income Tax (Appeals)-10, Kolkata (hereinafter the ‘ld. CIT(A)’), dt. 15.09.2016 passed u/s 250 of the Income Tax Act, 1961 (the ‘Act’) for the assessment year 2008-09.
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).
In view of the above, this appeal is set aside to the file of the AO for fresh adjudication in accordance with law on the grounds of natural justice.
Asit Kumar Ghosh A.Yr.2008-09 5. The assessee is directed to appear before the Ld. CIT(A) within one month from the receipt of a copy of this order, take notice and thereafter cooperate 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