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2020 (8) TMI 514 - AT - Income TaxDeemed dividend u/s 2(22)(e) - amount advanced by the company, M/s. B.T. Kadlag Construction Pvt. Ltd. [BTKCPL] wherein the assessee is a substantial shareholder to the firm, M/s. Renuka Construction, wherein the assessee is a partner having substantial interest - assessee has not complied with the notices of hearing nor has cared for appearing before the First Appellate Authority for prosecuting his appeal - HELD THAT:- As evident from records, the Ld. CIT(Appeal) has passed his order on 15.03.2017 whereas, the submissions of the assessee was filed on 16.03.2017 i.e. one day subsequent to the passing of the order by the Ld. CIT(Appeal). CIT(Appeal) has passed the appellate order only on the basis of the assessment order, Form-35, statement of facts and grounds of appeal. It is also true as evident from the order of the Ld. CIT(Appeal) that sufficient opportunities were provided to the assessee. There was not even a single compliance from the assessee on the given dates of hearing. Though several opportunities were given to the assessee by the Ld. CIT(Appeal), we find that in the interest of justice and for the fact that the Income Tax Laws are within the ambit of welfare legislation one more opportunity may be given to the assessee and therefore, we are of the considered view that the matter should be restored to the file of the Ld. CIT(Appeal) wherein he is directed to examine the facts of the assessee‟s case in terms of Section 2(22)(e) of the Act and various case laws referred by the Ld. AR of the assessee. - Appeal of the assessee is partly allowed for statistical purposes
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