ODD AND EVEN TRADES AND FINANCE LTD.,KOLKATA vs. ITO, WD-1(3), KOLKATA, KOLKATA

The only issue is to be decided as to whether the CIT-A is justified in passing an order ex parte in the facts and circumstances of the case.

Heard both the parties and perused the record. We find that the AO determined the income of assessee under MAT provision u/s. 115JB of the Act against loss claimed by the assessee. We also find that the CIT-A issued notices to assessee intimating the date of hearing, but, however, neither the assessee nor any adjournment petition was filed. Admittedly, there was no representation of assessee before the CIT-A. However, before us the ld. AR submits that the assessee is now ready to prosecute its case before the CIT-A, if one more opportunity is given by this Tribunal by way of remanding 1 the matter to the file of the CIT-A. Therefore, taking into considerations the submission of assessee, facts and circumstances of the case and in the interest of justice we remand the issue(s) to the file of the CIT-A for fresh consideration. The assessee shall be at liberty to file necessary evidences, if any, to substantiate its claim. Therefore, the grounds raised by the assessee in the appeal are allowed for statistical purpose.

In the result, the appeal of the assessee is allowed for statistical purpose.