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2020 (10) TMI 449 - AT - Income TaxEx-parte order - assessee submitted before us that the notice of hearing though issued, the directors of those companies could not appear before the Revenue - Counsel undertakes to produce the directors of those companies before the Ld. AO and, therefore, prays for a direction for setting aside the issue to the file of the Ld. AO to re-adjudicate the issue - HELD THAT:- As in the matter of Vriddhi Power Pvt. Ltd. vs ITO , [2019 (8) TMI 1558 - ITAT KOLKATA] in the identical situation the Coordinate Bench has been pleased to pass order directing the ld. A.O to adjudicate the matter afresh by providing a further opportunity of being heard to the assessee. Taking into consideration the entire aspect of the matter, the undertaking given by the Ld. AR for producing the director of the investing companies before the Revenue and particularly upon considering the judgment relied upon, respectfully relying upon the same, find it fit and proper to restore the issue to the file of AO for deciding the same afresh upon giving an opportunity to the assessee to substantiate its case and also taking into consideration the presence of the ld. Directors of the companies and the evidence on record or any other evidence which the assessee may choose to file at the time of hearing of the matter and to pass order in accordance with law. - Appeal of the assessee allowed for statistical purposes.
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