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Ex-parte appellate order set aside; case remanded for fresh hearing on firm dissolution and freight expense disallowance.

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....Ex-parte appellate order passed by CIT(A) based on statement of fact filed by assessee. Second round of litigation regarding whether assessee firm stood dissolved or business discontinued. Disallowance of freight expenses u/s 40(a)(ia). Assessee did not participate in appellate proceedings before CIT(A) for reasons cited in statement of fact. Huge additions made by AO and huge tax demand raised against assessee in second round. Assessee acted negligently during appellate proceedings before CIT(A) but should not be allowed to benefit from its own wrong. CIT(A) passed ex-parte order based on record including statement of fact. Assessee did not comply with CIT(A)'s notices. Act of court should not prejudice anybody. Mandate of 1961 Act is to c.........