2018 (6) TMI 1599

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.... Shri A. Bhattacharjee, Addl. CIT appearing on behalf of the Revenue. ORDER P.M. Jagtap, This appeal filed by the assessee is directed against the order of Ld. CIT(A) - 9, Kolkata dated 28.02.2017 whereby he dismissed the appeal of the assessee ex-parte. 2. The assessee in the present case is a company which filed its return of income for the year under consideration declaring a total....

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.... AO, therefore, treated the entire amount of share capital and share premium as explained cash credit and made an addition of Rs. 2,42,00,000/- to the total income of the assessee under section 68. He also made a further addition of Rs. 67,918/- on account of disallowance under section 14A and determined the total income of the assessee at Rs. 2,42,67,918/- in the assessment completed under sectio....

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....ted that the appeal of the assessee was fixed for hearing by the Ld. CIT(A) on three dates i.e. 09.11.2016, 14.12.2016 and 02.02.2017. He has submitted that the assessee on all Power Pvt. Ltd. these three occasions sought adjournments in writing by filing the applications which were duly received by the office of the Ld. CIT(A) well before the corresponding dates of hearing. He has also filed the ....

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....ent proceedings before the AO and the matter therefore may be sent back to the AO in order to give him an opportunity to examine the claim of the assessee of having received share capital and share premium amount of Rs. 2,42,00,000/- We find merit in this contention of the learned DR. The impugned order of the Ld. CIT(A) passed ex-parte is accordingly set aside and the matter is restored to the fi....