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2018 (3) TMI 1929 - ITAT MUMBAIStay Application seeking stay of outstanding demand - Ex-parte best judgment order passed - HELD THAT:- As noticed from the orders passed by the tax authorities that the assessee did not appear before both the tax authorities and hence they were constrained to pass the orders ex-parte, without hearing the assessee. The assessee now claims that it would be in a position to explain the sources, if an opportunity is given to it. Learned AR also submitted that the assessee was constrained to close down its business as it has incurred heavy losses in earlier years. To substantiate this submission, the assessee has also filed copies of ITRs in the paper book. Considering these peculiar facts, with the consent of both the parties, we took the appeal for hearing. After hearing the case, we are of the view that, in the interest of natural justice, the assessee may be provided with an opportunity to present its case before the Assessing Officer. However, since the assessee has failed to appear before the tax authorities in the original proceedings, we are of the view that the assessee should be imposed a cost for being negligent.
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