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Income Tax Appellate Tribunal, KOLKATA ‘B(SMC
Before: Shri P.M. Jagtap
Date of concluding the hearing : May 29, 2018 Date of pronouncing the order : May 29, 2018
O R D E R This appeal filed by the assessee is directed against the order of ld. Commissioner of Income Tax (Appeals)-2, Kolkata dated 01.07.2016, whereby he dismissed the appeal of the assessee.
The assessee in the present case is a Company, which filed its return of income for the year under consideration on 24.10.2007 declaring total income at ‘NIL’. In the assessment completed under section 143(3)/147 vide an order dated 21.11.2011, the total income of the assessee was determined by the Assessing Officer at Rs.9,57,080/- after making addition, inter alia, on account of unexplained money amounting to Rs.9,50,000/-.
Against the order passed by the Assessing Officer under section 143(3)/147, an appeal was preferred by the assessee before the ld.
Assessment year: 2007-2008 Page 2 of 3 CIT(Appeals) challenging the validity of the said assessment as well as disputing the addition of Rs.9,50,000/- made therein on account of unexplained money. During the course of appellate proceedings, there was no compliance on the part of the assessee to the notices issued by the ld. CIT(Appeals) fixing the appeal for hearing from time to time. The ld. CIT(Appeals), therefore, dismissed the appeal of the assessee vide his appellate order dated 01.07.2016 passed ex-parte. Aggrieved by the order of the ld. CIT(Appeals), the assessee has preferred this appeal before the Tribunal.
I have heard the arguments of both the sides and also perused the relevant material available on record. While supporting the case of the assessee on the preliminary issue raised in this appeal challenging the impugned order passed by the ld. CIT(Appeals) ex-parte, the ld. Counsel for the assessee has contended that the appeal of the assessee was fixed for hearing finally on 28.06.2016, but the case of the assessee could not be represented on the said date as the Authorized Representative of the assessee was not well. He has also filed an affidavit of the Authorized Representative of the assessee in support and keeping in view the same, I am satisfied that there was a sufficient cause for the non-appearance of the assessee before the ld. CIT(Appeals) when its appeal was fixed for hearing finally on 28.06.2016. Even the ld. D.R. has not raised any argument to dispute this position. I, therefore, set aside the impugned order passed by the ld. CIT(Appeals) ex-parte and remit the matter back to him for disposing of the appeal of the assessee afresh on merit after giving the assessee proper and sufficient opportunity of being heard.
In the result, the appeal of the assessee is treated as allowed for statistical purposes. Order pronounced in the open Court on May 29, 2018. Sd/- (P.M. Jagtap) Accountant Member Kolkata, the 29th day of May, 2018
Assessment year: 2007-2008 Page 3 of 3 Copies to : (1) Nalanda Merchants Pvt. Limited, C/o. D.J. Shah & Co., Kalyan Bhavan, 2, Elgin Road, Kolkata-700 020