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2021 (4) TMI 329

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..... Respondent by: Shri S. Bharath, CIT ORDER PER DUVVURU RL REDDY, JUDICIAL MEMBER: This appeal filed by the assessee is directed against the order of the ld. Commissioner of Income Tax (Appeals) 4, Chennai, dated 31.01.2019 relevant to the assessment year 2007-08. Besides raising various grounds, the assessee mainly challenged the exparte order passed by the ld. CIT(A) without affording suff .....

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..... s per the amended provisions of section 115JB of the Act, vide Finance Act, 2009 with retrospective effect from 01.04.2001, any amount set aside as provision for diminution in the value of any asset is to be added back to the book profits in terms of clause (i) to Explanation 1 to section 115JB of the Act, the Assessing Officer issued notice under section 148 of the Act. In response to the notice, .....

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..... eedings till the disposal of the Corporate Insolvency Resolution Proceedings [CIRP], the ld. CIT(A) dismissed the appeal. 3. On being aggrieved, the assessee is in appeal before the Tribunal. By referring to the specific ground raised in the grounds of appeal at ground No. 1.4, the ld. Counsel for the assessee has submitted that the ld. CIT(A) has not provided sufficient opportunity of being hear .....

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..... for other assessment years, the ld. CIT(A) dismissed all the appeals after considering the written submissions of the assessee. Since the ld. Counsel for the assessee made a submission that the assessee was not provided sufficient opportunity of being heard and not addressed the grounds of appeal on merits, we remit the matter back to the file of the ld. CIT(A) to adjudicate the issues on merits .....

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