M/S SOUTHERN PETROCHEMICAL INDUSTRIES CORPORATION LIMITED,GUINDY, CHENNAI vs. ITO WARD-3(1), CHENNAI, CHENNAI

Aforesaid appeal by assessee arises out of an order passed by Learned Commissioner of Income Tax (Appeals), National Faceless Appeal Centre (NFAC), Delhi [CIT(A)] on 27.01.2023 in the matter of an assessment framed by Ld. Assessing Officer [AO] u/s. 143(3) of the Act on 15.12.2008. In the assessment order, Ld. AO made disallowance of business expenditure and capital losses. Though assessee preferred further appeal, it remained non-compliant as noted in para-3 of the impugned order. In the result, assessment was confirmed against which the assessee is in further appeal before us. The Ld. AR has pleaded for another opportunity of hearing.

After going through impugned order, we concur with the submissions of Ld. AR that the assessee has remained un-represented before first appellate authority which has resulted into an ex-parte order by Ld. CIT(A). Keeping in mind the principles of natural justice, we deem it fit to provide another opportunity of hearing to the assessee. Accordingly, the impugned order is set-aside and the appeal is restored back to the file of Ld. CIT(A) for de-novo adjudication with a direction to the assessee to substantiate its case. 3. The appeal stand allowed for statistical purposes. Order pronounced on 10th January, 2024