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TMI Blog2020 (3) TMI 1273X X X X Extracts X X X X X X X X Extracts X X X X ..... er the provisions of sub-section (6) of section 250 was required to dispose of the appeal of the assessee vide an order in writing stating the points for determination, the decision thereon and the reasons for the decision. The impugned order passed by the ld. CIT(Appeals) does not comply with these requirements. Therefore, consider it fair and proper and in the interest of justice to set aside the impugned order passed by the ld. CIT(Appeals) ex-parte dismissing the appeal of the assessee for non-prosecution and remit the matter back to him for disposing of the appeal of the assessee afresh on merit in accordance with law after giving proper and sufficient opportunity of being heard to the assessee. Appeal of the assessee is treated as ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ed by the assessee that the said deposits represented sale proceeds of cotton waste sales. In the absence of any evidence filed by the assessee in the form of bills etc. to support and substantiate the said explanation, the Assessing Officer did not accept the same. He issued a notice requiring the assessee to show-cause as to why peak credit appearing in his undisclosed Bank account should not be treated as unexplained cash credit and an addition to that extent be made under section 68. In reply, it was submitted on behalf of the assessee that his income may be assessed by applying a net profit rate of 8% to the total deposits made in the Bank account with Punjab National Bank by treating the same as business turnover as per section 44AD o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ssee in this appeal challenging the impugned order passed by the ld. CIT(Appeals) ex-parte dismissing the appeal of the assessee for non-prosecution, the ld. Counsel for the assessee has submitted that the appeal of the assesese was fixed for hearing by the ld. CIT(Appeals) on three dates, i.e. 12.11.2018, 27.11.2018 and 25.03.2019. He has submitted that the assessee sought adjournment of the hearing fixed on 12.11.2018 and 25.03.2019 by filing applications in writing on the ground that he was sick at the relevant time. He has submitted that the ld. CIT(Appeals), however, did not give any further opportunity to the assessee and proceeded to dismiss the appeal of the assessee for nonprosecution vide his impugned order passed ex-parte. He has ..... X X X X Extracts X X X X X X X X Extracts X X X X
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