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Income Tax Appellate Tribunal, SMC BENCH, PANAJI
Before: SHRI R.S. SYAL
PER R.S. SYAL, VP: This appeal by the assessee is directed against the ex parte order passed by the CIT(A), Belagavi on 28-06-2018 in relation to the assessment year 2008-09. 2. I have heard the ld. DR and gone through the relevant material on record. There is no appearance from the side of assessee despite notice. As such, I am proceeding to dispose of the appeal ex parte qua the assessee on merits.
Shri Bhagyalaxmi Swasahaya Mandal Hukkeri
It is seen that the Assessing Officer completed the assessment u/s.143(3) at the total income of Rs.4,85,860/-. The revision proceedings u/s 263 found the assessment order to be erroneous and prejudicial to the interest of revenue. The ld. CIT directed the AO to reframe the assessment. Accordingly, the AO made an addition of Rs.17,32,360/-, being, the capital introduced by the assessee. The CIT(A) in his ex parte order allowed part relief. In view of the fact that the ld. CIT(A) has passed ex parte order, which has been assailed by the assessee on this score, I am of the considered opinion that it would be just and fair if the impugned order is set aside and the matter is restored to him. I order accordingly and direct to dispose of the appeal afresh on merits as
per law after allowing reasonable opportunity of hearing to the assessee. In such fresh proceedings, the assessee will be at liberty to lead any fresh evidence as considered expedient.
In the result, the appeal is allowed for statistical purposes.
Order pronounced in the Open Court on 09th November, 2022.
Sd/- (R.S.SYAL) VICE PRESIDENT पुणे Pune; �दनांक Dated : 09th November, 2022 Satish
Shri Bhagyalaxmi Swasahaya Mandal Hukkeri