VASUNDHARA HOUSING CORPORATION,MUMBAI vs. INCOME TAX OFFICER, , MUMBAI

At the outset, we note that none appeared before us to represent the assessee in the appeal filed by it. We perused the order of ld. CIT and note that it is an ex-parte order whereby appeal is dismissed due to non-compliant attitude of the assessee despite several opportunities granted for hearing on various dates as tabled in para 4.1 of the said order. Ld. CIT(A) has also taken note of the fact about sending notices for hearing on email ID given by the assessee both as primary and secondary email IDs on the e filing profile as well as the latest return filed by the assessee. Further, from the perusal of the penalty order u/s.270A by the ld. Assessing Officer, similar conduct of the assessee is observed in the penalty proceedings. Ld. Assessing Officer while imposing the penalty of Rs.11,58,595/- has noted that because there is no compliance by the assessee and the matter is time barring in nature, he had no option but to proceed with the imposition of penalty. 4. Having taken note of the above facts and observations, we are inclined to take up the matter for adjudication ex-parte qua the assessee with the assistance of ld. Sr.DR and by considering the material available on record. 5. In the statement of facts reproduced by the ld. CIT(A) in his order, it is stated that assessee had purchased agricultural land during the year which was wrongly classified as non-agricultural land at the time of registering the document with the sub-registrar which resulted into higher stamp duty valuation recorded as compared to the actual stamp duty valuation. Assessee had requested for the valuation of the said land by the valuation officer of the Department.

Despite the aforesaid habitual behaviour of the assessee at all the stages of various proceedings, considering the facts on record, we find it appropriate, in the interest of justice and fair play to remit the matter back to the file of CIT(A) for denovo meritorious adjudication. We direct the assessee, to be diligent in attending the hearings fixed for the appeal and assist in its expeditious and effective disposal. Assessee should not seek adjournments unless warranted by compelling reasons.

Since the matter is restored to the file of Ld. CIT(A) for meritorious adjudication in terms of our observations made hereinabove, we are not expressing any views on the merits of the case so as to limit the appellate procedure before the Ld. CIT(A). The observations herein made by us in remanding the matter back to the file of Ld. CIT(A) will not impair or injure the case of the Revenue nor will it cause any prejudice to the defense/explanation of the assessee.