2021 (8) TMI 498

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....eared on behalf of the assessee Smt. Ranu Biswas, Addl. CIT, appeared on behalf of the Revenue ORDER Per Shri P.M. Jagtap, Vice-President:- This appeal filed by the assessee is directed against the order of the ld. Commissioner of Income Tax (Appeals)-16, Kolkata dated 06.03.2017 passed ex-parte, whereby he dismissed the appeal of the assessee for non-prosecution. 2. The assessee in....

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....estment made in the shares of the assessee-company. Since there was no response to the said summons, the Assessing Officer treated the entire share capital and share premium amount aggregating to Rs. 5.01 crores as unexplained cash credit and addition to that extent was made by him to the total income of the assessee-company in the assessment completed under section 143(3) of the Act vide an order....

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.... the ld. Counsel for the assessee, summons under section 131 were issued by the Assessing Officer to the Directors of the shareholder companies on 23.02.2015 and the assessment was made on 20.03.2015 thereby al lowing a very short period to the shareholders to comply with these summons. He has also submitted that the non-compliance on the part of the shareholders to the summons issued under sectio....

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.... merit in the contention of the ld. Counsel for the assessee that proper and sufficient opportunity of being heard was not given to the assessee either by the Assessing Officer or by the ld. CIT(Appeals) and the orders passed by them are in violation of the principle of natural justice. Even the ld. D.R. has not been able to rebut or controvert this position, which is clearly evident from the orde....