M/S. ADVERT COMMUNICATIONS,NEW DELHI vs. ADDL.CIT, NEW DELHI

Brief facts of the case are that the assessee had filed return of income showing income of Rs.15,06,520/-. The assessment was completed at a total income of Rs.57,36,442/- after making following disallowances :-

Ld. CIT(A) confirmed the additions as no compliance was made to various notices issued to the assessee or adjournments were sought.

We have considered the submissions of both the parties and have perused the record of the case. Admittedly, before ld. CIT(A), the assessee’s Representative attended on some dates, noted queries but no oral or written submissions/ explanations/ replies or evidences were filed and either no compliance was made on the date fixed for hearing or adjournments were sought. Ld. CIT(A) has given detailed count of various notices issued to assessee which remain un-complied. Ld. counsel submitted that assessee was not afforded a reasonable opportunity of being heard and the appeal has been decided ex-parte. No doubt, ld. CIT(A) had provided various opportunities as is mentioned in ld. CIT(A)’s order but at the same time, the addition should not be confirmed without following principles of natural justice. Ld. counsel has prayed for one more opportunity and, therefore, in order to impart substantial justice to assessee, we consider in the interest of justice to accept the assessee’s prayer in this regard and restore the matter back to the file of the ld. CIT(A) for fresh adjudication of assessee’s appeal. There is no gainsaying that assessee will avail this opportunity and will cooperate in disposing of appeal.

In the result, the appeal of the assessee is allowed for statistical purposes. Order pronounced in the open court on this 29th day of March, 2017.