KCL STOCK BROKING LIMITED,THANE(W) MAHARASHTRA vs. DCIT/ACIT 3(1), INDORE

Feeling aggrieved by appeal-order dated 20.05.2023 passed by learned Commissioner of Income-Tax (Appeals)-NFAC, Delhi [“CIT(A)”], which in turn arises out of assessment-order dated 29.12.2017 passed by learned DCIT, Circle-3(1), Indore [“AO”] u/s 147 read with section 143(3) of Income- tax Act, 1961 [“the Act”] for Assessment-Year [“AY”] 2010-11, the assessee has filed this appeal.

On hearing learned Representatives and on perusal of case records, it emerges that the CIT(A) has decided first-appeal ex-parte assessee for the reason that the assessee did not make any submission before him despite Page 1 of 2 KCL Stock Broking Limited, Mumbai vs. ACIT, Cir. 3(1), Indore. opportunities given. It is further observed that the CIT(A) has simply refrained from making interference in the order of AO, thereby confirmed the order passed by AO and dismissed assessee’s first-appeal but the case of assessee requires an apt adjudication in terms of Section 250(6) of the Income-tax Act, 1961 by CIT(A). Therefore and also having regard to the principle of natural justice and fair play, it is thought fit to give one more opportunity to assessee so that the assessee can represent his case before CIT(A) for a proper adjudication. Accordingly, we remand this matter back to the file of CIT(A) for a fresh adjudication after giving opportunity of hearing to assessee. The assessee is also directed to ensure participation in the hearings fixed by CIT(A) and do not seek unnecessary adjournments failing which the CIT(A) shall be entitled to take an appropriate decision.

Resultantly, this appeal of assessee is allowed for statistical purpose.