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Income Tax Appellate Tribunal, BENCH ‘D’ KOLKATA
Before: Hon’ble Shri J.Sudhakar Reddy, AM & Shri A.T.Varkey, JM ]
ORDER PER J.SUDHAKAR REDDY, AM: Both these appeals are filed by the assessee directed against a common order passed by the Commissioner of Income -9, Kolkata dated 10.12.2015 relating to A.Y.2009-10 and 2010-11.
After hearing the rival submissions we are convinced that the assessee was prevented by sufficient cause from appearing before the ld. CIT(A) on the date of hearing. The ld. CIT(A) has passed an ex parte order without considering the merits.
Hence we set aside both the appeals to the file of the ld. CIT(A) for fresh adjudication in accordance with law on the ground of natural justice.
The assessee is directed to appeal before the ld. CIT(A) on 18th December, 2017 take notice and thereafter cooperate in the disposal of the appeals. & 102/Kol/2016 M/s. Genesits Exports Ltd. A.Y.2009-10 & 2010-11 2
In the result the appeals of assessee are allowed for statistical purposes.
Order pronounced in the Court on 13.10.2017.