2021 (5) TMI 69

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....dl. CIT , D. R. ORDER Per P. M. Jagtap, Vice President This appeal filed by the assessee is directed against the order ld. Commissioner of Income Tax (Appeals)-3, Kolkata dated 19.12.2016 passed ex-parte, whereby he dismissed the appeal of the assessee. 2. The assessee in the present case is a Company, which is engaged in the business of trading and investment in shares. The return of ....

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....e capital of Rs. 8,83,50,000/- claimed to be introduced by the assessee during the year under consideration. In compliance with the direction of the ld. CIT given in the order under section 263, a notice under section 142(1) was issued by the Assessing Officer to the assessee on 03.06.2014. The said notice as well as further letters issued by the Assessing Officer fixing the case of the assessee f....

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....the assessee to the notices issued by him fixing the said appeal for hearing from time to time, the ld. CIT(Appeals) dismissed the appeal of the assessee for non-prosecution vide his appellate order dated 19.12.2016 passed ex-parte. Aggrieved by the order of the ld. CIT(Appeals), the assessee has preferred this appeal before the Tribunal. 4. We have heard the arguments of both the sides and als....

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.... notices stated to be issued by the ld. CIT(Appeals) fixing the appeal of the assessee for hearing from time to time were never served on the assessee as is clearly mentioned in para no. 2 of the impugned order of the ld. CIT(Appeals). Keeping in view these relevant facts of the case, we find merit in the contention of the ld. Counsel for the assessee that proper and sufficient opportunity of hear....