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TMI Blog2021 (8) TMI 498X X X X Extracts X X X X X X X X Extracts X X X X ..... essing Officer or by the ld. CIT(Appeals) and the orders passed by them are in violation of the principle of natural justice. Even the ld. D.R. has not been able to rebut or controvert this position, which is clearly evident from the orders of the AO and ld. CIT(Appeals). We, therefore, set aside the impugned order passed by the ld. CIT(Appeals) ex-parte and restore the matter back to the file of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ssee for non-prosecution. 2. The assessee in the present case is a Company, which filed its return of income for the year under consideration on 20.02.2013 declaring total income of ₹ 652/-. The said return was selected for scrutiny by the Assessing Officer in order to verify the substantial amount of share capital and share premium of ₹ 5.01 crores received by the assessee-company ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ent completed under section 143(3) of the Act vide an order dated 20.03.2015. 3. Against the order passed by the Assessing Officer under section 143(3) of the Act, an appeal was preferred by the assessee before the ld. CIT(Appeals) and since there was no compliance on the part of the assessee to the notice issued by him fixing the said appeal for hearing on 29.11.2016, the ld. CIT(Appeals) dism ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the part of the shareholders to the summons issued under section 131 was not brought to the notice of the assessee by the Assessing Officer and no opportunity was given to the assessee-company to produce the said shareholders for examination before the Assessing Officer along with the necessary documentary evidence. He has further submitted that even the ld. CIT(Appeals) had fixed the appeal of th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ontrovert this position, which is clearly evident from the orders of the Assessing Officer and ld. CIT(Appeals). We, therefore, set aside the impugned order passed by the ld. CIT(Appeals) ex-parte and restore the matter back to the file of the Assessing Officer with a direction to frame the assessment afresh on merit in accordance with law after giving proper and sufficient opportunity of being he ..... X X X X Extracts X X X X X X X X Extracts X X X X
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