NALANDA MERCHANTS PVT. LTD.,KOLKATA vs. ITO, WARD 6(3), KOLKATA, KOLKATA

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.

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