Income Tax Appellate Tribunal - Ahmedabad
Prathna Farming P. Ltd.,, Ahmedabad vs M/S. Income Tax Officer, ... on 12 April, 2018
IN THE INCOME TAX APPELLATE TRIBUNAL
AHMEDABAD "C" BENCH
Before: Shri S. S. Godara, Judicial Member
And Shri Amarjit Singh, Accountant Member
ITA No. 487/Ahd/2017
Assessment Year 2012-13
Prathna Far ming P. Ltd., The ITO,
11, Shaan House, W ard-3(1)(4),
Chandrakurpa Society, Vs Ah medabad
Part-2, Opp Jay Shefali (Respondent)
Ro w House, Satellite Road,
Ah medabad-380015
PAN: AAACP9249D
(Appellant)
Reve nue by: Shri Prasoon Kabra, Sr. D.R.
Assessee by: None
Date of hearing : 15-03-2018
Date of pronounce ment : 12-04-2018
आदेश /ORDER
PER : AMARJIT SINGH, ACCOUNTANT MEMBER:-
This assessee's appeal for A.Y. 2012-13, arises from order of the CIT(A)- 9, Ahmedabad dated 13-12-2016, in proceedings under section 143(3) of the Income Tax Act, 1961; in short "the Act".
2. The assessee has raised following ground of appeal:-
"1. The ld. CIT(A) erred on facts and in law in confirming addition of Rs. 2,75,00,000/- u/s. 68."
3. In this case, assessment u/s. 143(3) of the act was completed on 27th March, 2015. The assessing officer has made addition of Rs. 2,75,00,000/- u/s. 68 of the act on account of unexplained cash credit.
I.T.A No. 487/Ahd/2017 A.Y. 2012-13 Page No 2Prathna Farming Pvt. Ltd. vs. ITO
4. Aggrieved against the decision of ld. CIT(A), assessee preferred appeal before the ld. CIT(A). The ld. CIT(A) has dismissed the appeal of the assessee.
5. During the course of appellate proceedings before us, nobody has appeared from the side of the assessee. On perusal of the order, we find that the ld. CIT(A) has decided the appeal ex-parte as the assessee has not made compliance before the ld. CIT(A) in spite of issuing a number of notices during the course of appellate proceedings. The ld. departmental representative has indicated that as per page no. 2 of the ld. CIT(A)'s order, the hearing was fixed a number of times but no compliance has been made from the side of the assessee in spite of giving sufficient opportunities. After perusal of the order of the ld. CIT(A), we observed that assessee was issued notice dated 26th May, 2016. Thereafter, assessee has obtained adjournment for four times. Thereafter, nobody attended. The fact indicates that assessee has sought adjournments but thereafter no further notice has been issued to the assessee. Looking to the quantum of addition, we consider that it will be appropriate in the interest of justice to provide one more opportunity to the assessee for deciding this case on merit. Therefore, we restore this case to the file of ld. CIT(A) to decide it afresh on merit after affording three opportunities of hearing failing which our instant order would be deemed to have been vacated.
6. In the result, the appeal of the assessee is allowed for statistical purpose.
Order pronounced in the open court on 12-04-2018 Sd/- Sd/-
(S.S. GODARA) (AMARJIT SINGH) JUDICIAL MEMBER ACCOUNTANT MEMBER Ahmedabad : Dated 12/04/2018
आदेश क त ल प अ े षत / Copy of Order Forwarded to:-
I.T.A No. 487/Ahd/2017 A.Y. 2012-13 Page No 3 Prathna Farming Pvt. Ltd. vs. ITO
1. Assessee
2. Revenue
3. Concerned CIT
4. CIT (A)
5. DR, ITAT, Ahmedabad
6. Guard file.
By order/आदेश से, उप/सहायक पंजीकार आयकर अपील य अ धकरण, अहमदाबाद