9911796707
TMI Blog2021 (5) TMI 69X X X X Extracts X X X X X X X X Extracts X X X X ..... er served on the assessee as is clearly mentioned in para no. 2 of the impugned order of the ld. CIT(Appeals), we find merit in the contention of the ld. Counsel for the assessee that proper and sufficient opportunity of hearing was not given to the assessee either by the Assessing Officer during the course of assessment proceedings and even by the ld. CIT(Appeals) during the course of appellate proceedings. D.R. has also not been able to dispute this position, which is clearly evident from the record. We, therefore, find it just and proper to set aside the orders passed by the authorities below and restore the matter to the file of the Assessing Officer for completing the assessment afresh after giving proper and sufficient opportunity ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... enquiries on the issue of share capital of ₹ 8,83,50,000/- claimed to be introduced by the assessee during the year under consideration. In compliance with the direction of the ld. CIT given in the order under section 263, a notice under section 142(1) was issued by the Assessing Officer to the assessee on 03.06.2014. The said notice as well as further letters issued by the Assessing Officer fixing the case of the assessee for hearing, however, remained un-complied with by the assessee. The Assessing Officer, therefore, was left with no option but to complete the assessment ex-parte to the best of his judgment on the basis of material available on record. In the assessment so completed under section 144/263/147/143(3) of the Act vide ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... der section 142(1) as well as subsequent letters stated to be issued by the Assessing Officer during the course of assessment proceedings thus were not received by the assessee and even the notices stated to be issued by the ld. CIT(Appeals) fixing the appeal of the assessee for hearing from time to time were never served on the assessee as is clearly mentioned in para no. 2 of the impugned order of the ld. CIT(Appeals). Keeping in view these relevant facts of the case, we find merit in the contention of the ld. Counsel for the assessee that proper and sufficient opportunity of hearing was not given to the assessee either by the Assessing Officer during the course of assessment proceedings and even by the ld. CIT(Appeals) during the course ..... X X X X Extracts X X X X X X X X Extracts X X X X
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