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This appeal is filed by the assessee against the order dated 16/01/2017 of the ld. Commissioner of Income Tax (Appeals)-6, Delhi [hereinafter referred to CIT (Appeals)] for Assessment Year 2012-13.

2. The assessee has raised the following substantive grounds of appeal:-

"1. The Ld. A.O. had erred on the facts and in law in holding that the share capital plus premium amounting to Rs.11,94,76,000/- received during the year from corporate entities in unexplained Maggot Impex Pvt. Ltd. Vs. ITO credit within the meaning of section 68 of the Income Tax Act,1961.

Maggot Impex Pvt. Ltd. Vs. ITO

3. None appeared for the assessee. The Chartered Accountant who is on record for the Assessee has filed the letters stating that 'his service has been withdrawn' by the Assessee. The assessee has neither made alternative arrangement to represent him before Tribunal nor attended personally for hearing. By considering the issue involved in the present appeal, we inclined to hear the Ld. DR and disposed the present appeal after verify the material on records.

5. Aggrieved by the assessment order dated 27/03/2015, the assessee has preferred an appeal before the CIT(A). After filing the appeal before the CIT(A), neither the assessee nor any representative of the assessee have appeared before the CIT (A). The Ld.CIT(A) by applying the ratio laid down in the case of Multiplan Pvt. Ltd. 38 ITD 320 (ITAT Delhi) dismissed the appeal without deciding the issue on merit.

6. It is well settled law that the appeal before the CIT(A) cannot be dismissed without deciding the appeal on merit. In view of the same, we inclined to party allow the present appeal by restoring the issue involved in the present appeal to the file of Ld.CIT(A) for de-novo consideration. Needless Maggot Impex Pvt. Ltd. Vs. ITO to say, the Ld.CIT(A) shall provide opportunity of being heard to the assessee.