FLORIDA TOWERS PRIVATE LIMITED,HOWRAH vs. C.I.T KOLKATA - I, KOLKATA

The first ground raised by the assessee is not allowing reasonable opportunity by the ld. CIT to the assessee to represent its case u/s. 263 proceedings.

We find from the material available on record that a show cause notice u/s. 263 of the Act was served on the assessee on 23/03/2013 (being Saturday) and the hearing was fixed on 25-03-2013 ( i.e. Monday) at 10.30A.M. The assessee could not contact its Chartered Accountant to represent its case within the short span of time. Ultimately, the ld. CIT passed an order u/s. 263 of the Act on 26-03-2013 setting aside the order of assessment passed u/s. 143(3) of the Act.

We have heard the rival submissions. We find that none appeared on behalf of the assessee before the ld.CIT due to paucity of time. Thus, the ld.AR of the assessee pleaded before us that one more opportunity of hearing be given to the assessee to represent its case before the ld.CIT. In response to this, the ld.CIT/DR fairly conceded to the same. In these circumstances and in view of the undisputed facts as stated hereinabove with regard to paucity of time to represent the case before the ld. CIT, we deem it fit and appropriate, in the interest of justice and fair play, to set aside the order of the ld.CIT passed u/s. 263 of the Act for de novo adjudication. Hence, the order of the ld.CIT is set aside. Since the appeal is disposed of by setting aside the order of the ld.CIT u/s. 263, we refrain to go into merits of the other grounds raised by the assessee before us.

In the result, the appeal of the assessee is allowed as stated above. THIS ORDER IS PRONOUNCED IN OPEN COURT ON 19 -01-2016