Vision Life Science Private Limited , Hyderabad Income Tax Officer, Ward-17(4) , Hyderabad

IN THE INCOME TAX APPELLATE TRIBUNAL
HYDERABAD BENCHES “B”: HYDERABAD
(THROUGH VIRTUAL CONFERENCE)

 BEFORE SHRI SATBEER SINGH GODARA, JUDICIAL MEMBER
AND
SHRI LAXMI PRASAD SAHU, ACCOUNTANT MEMBER

ITA No. 206/H/2020
Assessment Year: 2016-17

Vision Life Sciences Pvt.
Ltd., Hyderabad.
PAN – AACCV 8973C
(Appellant) 

Vs. 

Income-tax Officer,
Ward – 17(4),
Hyderabad.
(Respondent)

Assessee by: Shri Santi Pawan Kumar for
Shri Pawan Chakrapani
Revenue by: Shri Rohit Mujumdar

Date of hearing: 09/06/2021
Date of pronouncement: 18/06/2021

O R D E R

PER L.P. SAHU, A.M.:

This appeal filed by the assessee is directed against CIT(A) – 5, Hyderabad’s order, dated 16/12/2019 for AY 2016-17 involving proceedings u/s 143(3) of the Income Tax Act, 1961 ; in short “the Act”.

2. Brief facts of the case are that the assessee company filed its return of income for the A.Y. 2016-17 on  17.10.2016 admitting income at Rs.18,47,276/-. Subsequently, the case was selected for scrutiny and the assessment was completed vide order u/s.143(3) dated 21.12.2018 by making addition towards Bad Debts Written Off amounting to Rs.64,634/-, addition towards Discounts to customers amounting to Rs;6,02,590/-, addition towards Business Promotion Expenses amounting to Rs.25,93,401/-, addition towards Gifting of Gold coins to customers amounting to Rs.37,50,049/- and addition towards Lower Amount disallowed u/s. 40(aJ(ia) amounting to Rs.I0,226/- and thereby determined total income of Rs.88,68,176/-.

3. When the assessee preferred an appeal before the CIT(A), the CIT(A) dismissed the appeal of the assessee passing ex-parte order by holding that the appellant failed to appear before the undersigned and substantiate its ground of appeal with evidences.

4. In the course of hearing, it was pointed out by the learned counsel of the assessee that the learned CIT(A) had decided the matters ex-parte. Therefore, it would be in the interest of justice, the matter may be restored to his file for deciding various grounds of appeals on merits. The learned DR agreed with the aforesaid statement of the learned AR.

4. We have considered the facts of the case and the request made by the learned AR. We are of the view that interest of justice will be served if the matter is restored to the file of first appellate authority for deciding various grounds of appeal of the assessee on merits. Accordingly, the CIT(A) is directed to afford reasonable opportunity of being heard to the assessee and thereafter decide the appeal on merits.

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