M/S NEW ERA ENGINEERS CO. OP. SOCIETY LTD.,PURULIA vs. DCIT, CIR-3, ASANSOL, ASANSOL

This appeal by assessee is arising out of order of CIT(A), Asansol vide Appeal No. 323/CIT(A)/asl/cir-3/Asl/10-11 dated 11.12.2013. Assessment was framed by DCIT, circle-3, Asansol u/s. 143(3) of the Income Tax Act, 1961 (hereinafter referred to as “the Act”) for Assessment Year 2008-09 vide his order dated 30.11.2010. 2. At the time of hearing, I have gone through the order of CIT(A) and seen that the order passed by him is cryptic, non-speaking and also sufficient opportunity of hearing was not given to the assessee. There is no iota of merits discussed in his order. The duty of the CIT(A) is to pass a speaking order after controverting all the facts given by assessee and decide the issue with reasons after affording proper opportunity of hearing. Since this was absent in his order, I quash the same and remit the appeal back to his file for fresh adjudication with the above direction. I order accordingly. The appeal of assessee is allowed for statistical purposes.