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Income Tax Appellate Tribunal, “B” BENCH : KOLKATA
Before: Hon’ble Shri M.Balaganesh, AM & Shri S.S.Viswanethra Ravi, JM]
ORDER Per M.Balaganesh, AM By virtue of this stay application the assessee seeks to keep the demand of Rs. 2,98,16,401/- in abeyance. With the consent of both the parties the main appeal was taken up for hearing at the time of hearing of this stay application.
This is an appeal of the Assessee directed against the order passed by the Learned Commissioner of Income Tax (Appeals) – 3, Kolkata (in short the ld CITA) in Appeal
2 S.A.No.20/Kol/2018 Kailashgiri Projects Pvt. Ltd. A.Y.2009-10 No. 192/CIT(A)-3/Ward-9(4)/15-16/Kol: dated 28.11.2017 against the order passed by the ITO, Ward-9(4), Kolkata [ in short the ld AO] under section 144/263 of the Income Tax Act, 1961 (in short “the Act”) dated 18.03.2015 for the Assessment Year 2009- 10.
3.The effective ground involved in this appeal is as to whether the Ld. CIT(A) was justified in passing an ex parte order, in the facts and circumstances of the case.
We have heard the rival submissions. We find that the assessment was framed u/s 144 of the Act wherein a sum of Rs. 5,09,50,000/- was added towards share capital as unexplained cash credit u/s 68 of the Act. The assessee preferred an appeal before the Ld. CIT(A). The Ld. CIT(A) gave several opportunities to the assessee but no appearance was made by the assessee. The Ld. CIT(A) accordingly confirmed the order of the ld. AO. The ld. AR before us pleaded for one last opportunity to be provided in order to adjudicate the issue on merits and accordingly, prayed for setting aside of this appeal to the file of Ld. CIT(A). In response to this, the ld. DR vehemently objected to the request of the ld. AR on the ground that the assessee despite giving several opportunities had not appeared before the Ld. CIT(A). We have gone through careful consideration of the facts and circumstances, we find that the assessee in the instant case should be given one more opportunity to address his grievance on merits before the Ld. CIT(A). Accordingly, in the interest of justice and fair play we remand this appeal to the file of the Ld. CIT(A) for de novo adjudication. The assessee is also directed not to seek any adjournment except due to exceptional or bonafide circumstances. Accordingly grounds raised by the assessee are allowed for statistical purposes and the stay petition is hereby dismissed.
3 S.A.No.20/Kol/2018 Kailashgiri Projects Pvt. Ltd. A.Y.2009-10 5. In the result, the Stay petition of the assessee is dismissed and the appeal of the assessee is allowed for statistical purposes.
Order pronounced in the open Court on 07.03.2018.