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TMI Blog2021 (1) TMI 1062X X X X Extracts X X X X X X X X Extracts X X X X ..... the case. Accordingly, we set aside the order of the CIT(A) and restore the entire disputed issues to the file of the CIT(A) to adjudicate afresh considering the material, affidavit and details filed in the course of appellate proceedings and the assessee should be provided an opportunity to explain the delay in filing the appeal. The assessee should cooperate in submitting the information for early disposal of the appeal and allow the grounds of appeal for statistical purposes. - ITA No. 821/Mum/2019 - - - Dated:- 17-11-2020 - Shri Pramod Kumar, Vice President And Shri Pavan Kumar Gadale, Judicial Member For the Appellant : Shri Vijay Mehta, AR For the Respondent : Ms. Shreekala Paradeshi, DR ORDER PER PAVAN KUM ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s of the case are that, the assessee company is a investment company and engaged in the business of trading and investment in shares. The assessee has filed return of income on 01.11.2004 disclosing total income of Rs. Nil. The return of income was processed u/s 143(1) of the Act. Subsequently, the case was selected for scrutiny and notice u/s 143(2) and 142(1) of the Act were issued. Whereas, notices were sent to the assessee and final opportunity was also provided. Since, there was no compliance from the assessee, the A.O has made Best judgment assessment with additions and assessed the total income of ₹ 3,74,39,686/- and passed the order u/s 144 of the Act on 26.12.2006. Aggrieved by the order of the A.O the assessee has file ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... avit filed on 16.11.2018 at page 23 of paper book explaining the receipt of the copy of the assessment order u/s 144 of the Act. We found strength in submissions of the Ld. AR and the Ld CIT(A) has only referred to the facts in respect of receipt of the assessment order by the assessee and no discussion of the additional evidences and affidavit filed by the assessee and passed the order on 16.11.2018. Prima facie, the material filed by the assessee goes to the root of the case. Accordingly, we set aside the order of the CIT(A) and restore the entire disputed issues to the file of the CIT(A) to adjudicate afresh considering the material, affidavit and details filed in the course of appellate proceedings and the assessee should be provided an ..... X X X X Extracts X X X X X X X X Extracts X X X X
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