SHRI SWETAMBER JAIN CREDIT CO.OP.SOCIETY ,INDORE vs. ITO-4(5), INDORE

The assessee has challenged the ex parte order passed by the Ld.CIT(A) whereby and whereunder the appeal preferred by the assessee stood dismissed.

We have heard the parties and perused the materials available on record.

It appears from the order passed by the Ld.CIT(A) that though the assessee was asked to furnish the certain documents in support of his claim, the same was not furnished, neither the assessee was present before the first appellate authority. Ultimately having no other alternative, the Ld.CIT(A) considering the facts of the matter dismissed the appeal preferred by the assessee. Admittedly, however, for the ends of justice, since the issue involved in this matter remained undecided on merit, we find it fit and proper to give a proper opportunity to the assessee to ventilate his grievance before the first appellate authority. Once again at the time of hearing of this matter, learned counsel appearing for the assessee submitted before us the copy of the judgment passed by the co-ordinate bench in for A.Y. 2013-14 in assessee’s own case whereby and whereunder the identical issue involved in this matter has been set aside to the file of the Ld.AO afresh. The Ld.DR has not raised any serious objection to such submissions of Ld.AR. for remitting the issue to the file of the authorities below. Therefore, having regard to the facts and circumstances of the case and having regard to the order passed by the co-ordinate bench, we find it fit and proper to set aside this issue to the file of the AO to adjudicate the issue afresh upon affording ITA Nos. 132 & 133/Ind/2022 (Shri Swetamber Jain Credit Co.Op. Society) Asst.Years.– 2017-18 & 2014-15 - 3 - opportunity of being heard to the assessee and upon considering the evidence on record or any other evidence which the assessee choose to file at the time of hearing of this matter. Thus, asseessee’s appeals are, therefore, allowed for statistical purposes.

In the result, assessee’s both appeals are allowed for statistical purposes.