9911796707
TMI Blog2012 (7) TMI 46X X X X Extracts X X X X X X X X Extracts X X X X ..... the case, the order passed by ld. CIT(Appeals) is bad both in the eye of law and on facts. 2. On the facts and circumstances of the case, the ld. CIT(A) has erred both on facts and in law in confirming the action of the AO in disallowing loss amounting to Rs. 258,23,43,910/- claimed by the assessee. 3. On the facts and circumstances of the case, the ld. CIT(A) has erred both on facts and in not admitting the evidences brought on record by the assessee under Rule 46A of the Act. ii) On the facts and circumstances of the case, the ld. CIT(A) has erred both on facts and in rejecting the application u/s 46A of the Act despite the fact that the assessee was prevented by sufficient cause from producing the book ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... its P&L A/c, trading results and balance sheet, the claim of assessee company remains unverifiable and the same (claimed loss) was ignored assessing the income at NIL. 4. Being aggrieved by the above order the assessee invoked the ld. CIT(A) wherein he disallowed the appeal of the assessee. The relevant operative part of impugned order is being reproduced for clarity in the adjudication of this appeal, which reads as under: - "5.1 The copy of the remand report was served on the appellant along with notice u/s 250 dated 26.08.2010 fixing the case for hearing on 07.09.2010. The same was sent through speed-post which has not been received back. However, no one attended nor any adjournment application was filed. Further, the case was fixed o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rom producing the books of accounts before the AO and the first appellate authority also violated principles of natural justice passing an ex-parte order without giving assessee a proper and adequate opportunity of being heard. The ld. DR supported the orders of the authorities below but he did not dispute the fact that the department has no evidence regarding service of the notice upon the assessee issued by the ld. CIT(A) u/s 250 of the Act for the hearing on 07.09.2010. 6. On bare reading of the operative part i.e. para 5.1 of the impugned order, as reproduced hereinabove, we observe that the ld. CIT(A) noted that a notice dated 26.08.2010 has been issued, u/s 250 of the Act, to the assessee for the date of hearing on 07.09.2010 but we ..... X X X X Extracts X X X X X X X X Extracts X X X X
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