M/S. RANGOTSAV SAREES (P) LTD.,KOLKATA vs. DCIT, CIRCLE-8, KOLKATA, KOLKATA

By this application, the assessee is seeking stay of outstanding demand of Rs. 1,31,57,590/- for A.Y. 2011-12.

We have heard the arguments of both the sides and also perused the relevant material on record. It is observed that the assessment in the case of the assessee for A.Y. 2011-12 was completed by the A.O. under section 143(3) vide an order dated 27.03.2014 determining the total income of the assessee at Rs. 3,25,35,200/- which gave rise to the impugned outstanding demand. Against the said order of the A.O., an appeal was filed by the assessee before the ld. CIT(A) and since there was no compliance on the part of the assessee to the notices issued by him fixing the said appeal for hearing from time to time, the ld. CIT(A) dismissed the said appeal vide his appellate order dated 12.01.2017 passed ex-parte. As submitted by the learned counsel for the assessee at the time of hearing before us, although the appeal filed by the assessee before the ld. CIT(A) was fixed for hearing by him on 24.05.2016, 26.03.2016 and 30.11.2016, the assessee could not attend the said hearing as his uncle Shri R. Agarwal was critically ill during the relevant period due to which he finally expired on 29.12.2016. Keeping in view this submission made by the learned counsel of the assessee which is duly supported by an affidavit filed by the director of the assessee-company, we are satisfied that there was sufficient cause for the non-appearance of the assessee before the learned CIT(A) when its appeal was fixed for hearing. Even the learned DR has not been able to rebut or controvert this position. The learned representative of both the sides have also agreed that even the appeal of the assessee filed before the Tribunal against the ex-parte order passed by the ld. CIT(A) can be disposed off and the matter may be remitted back to the ld. CIT(A) for disposing of the appeal of the assessee afresh after giving proper and sufficient opportunity of being heard of the assessee. Accordingly, the appeal of the assessee being has been taken up by us for hearing and keeping in view the