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Kailash Chander Bansal v. Income Tax Officer, Hisar .
IN THE INCOME TAX APPELLATE TRIBUNAL
DELHI BENCH 'Friday' NEW DLEHI
BEFORE SHRI G.S. PANNU, VICE PRESIDENT
AND
SHRI K. NARASIMHA CHARY, JUDICIAL MEMBER
ITA No. 4143/Del/2019
Assessment Year: 2009-10
Shri Kailash Chander Bansal, vs. Income-tax Officer, 151, C/o Kalan Mandir Sarees, Hisar. Palika Bazar, Hisar (Haryana)
PAN AAQPC 3128D
(Appellant) (Respondent) Appellant by: Sh. Gautam Jain, Advocate & Sh. Piyush Kamal, Advocate
Respondent by: Ms. Rakhi Vimal, Sr. DR Date of hearing: 03/01/2020
Date of order : 14/01/2020
ORDER
PER K. NARASIMHA CHARY, J.M.
Challenging the order dated 22/02/2019 passed by the Commissioner of Income Tax (Appeals), Hisar for the assessment year 2009-10, Shri Kailash Chander Bansal ("the assessee") filed this appeal.
2. At the outset, ld. Counsel for assessee submitted that the impugned order has been passed ex parte by the ld. CIT(A) without considering the written submissions and additional grounds furnished before her. He, therefore, prayed to remand the matter back to the file of ld. CIT(A) with
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direction to decide the appeal afresh after considering the written submissions so made by the assessee before her. The ld. DR does not report any objection on the request of the assessee.
3. We have gone through the record in the light of the submissions made on either side and we find that the assessee has filed before us the acknowledgement for filing the written submissions and additional ground before the ld. CIT(A). The appeal of the assessee has been dismissed in default, in limine, without going either into the merits of the case or considering assessee's written submissions by ld. CIT(A). Considering these facts and no objection reported by the ld. DR on assessee's request for remanding the case, we find it appropriate in the interest of justice that the matter should be remitted back to the file of ld. CIT(A) with the direction to decide the appeal afresh after considering the written submissions of the assessee on merits. Needless to say, the assessee shall be afforded one more opportunity of being heard. Order accordingly.
5. In the result, the appeal of the assessee is allowed for statistical purposes.
Pronounced in open court on 14thJanurary, 2020.
Sd/- Sd/-
(G.S. PANNU) (K. NARASIMHA CHARY)
VICE PRESIDENT JUDICIAL MEMBER
Dated: 14/01/2020
'aks'
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