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2022 (5) TMI 1061 - AT - Income TaxValidity of assessment order u/s 144 - addition invoking provisions of Section 50C - Assessing officer disallowed the long term capital gain by considering the cost of improvement and acquisition at Zero and thereby made huge addition - CIT(A) also dismissed the appeal of assessee by proceeding ex parte by passing a non-speaking order - As assessee submits that the assessee is an NRI and the notice was not served him - HELD THAT:- We find that the ld. CIT(A) instead of considering the case on merit, dismissed the appeal of assessee in limine. In our view, the order passed by the ld. CIT(A) is not as per mandate of Section 250(6) - Section 250(6) of the Act provides that the order of the Commissioner (Appeals) must contain point of determination, decision thereon and reasons for such decision. We instead of going into controversy whether the assessee was informed by his representative to whom the assessee assigned his case or not, in our view, the assessee deserved opportunity of hearing on merit. Therefore, considering all the aspects of the matter, the order of ld. CIT(A) is set aside and all the issues are restored to the file of Assessing Officer for re-determination of issues afresh. Needless to order, before passing the assessment order afresh, the Assessing Officer shall grant fair and proper opportunity of hearing to the assessee. The assessee is also directed to vigilant and to attend the hearing and furnished all requisite details and not to prolong the proceedings. With this observation, the appeal of assessee is allowed for statistical purposes. In the result, the grounds of the appeal is allowed for statistical purpose.
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