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M/s. Bardhaman Cyber Research and Training Institute Versus Income Tax Of f icer, Ward-1 (1) , Burdwan

2018 (1) TMI 583 - ITAT KOLKATA

Reopening of assessment - no compliance on the part of the assessee to the notices issued by him fixing the said appeals for hearing from time to time - Held that:- Non-compliance on the part of the assessee during the course of appellate proceedings before the ld. CIT(Appeals) was for the reasons beyond the control of the assessee and one more opportunity can justifiably be given to the assessee in the interest of justice to put forth its case on merit before the ld. CIT(Appeals). Accordingly s .....

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maddar, Addl . CIT, D.R. ORDER These two appeals f i led by the assessee are directed against two separate orders both dated 30.03.2017 passed by the ld. Commissioner of Income Tax (Appeals), Burdwan dismissing the appeals filed by the assessee ex-parte. 2. The assessee in the present case is a Society, which is carrying on the activity of imparting education. For both the years under consideration, i .e. 2009-10 and 2010-11, it s returns of income were not f i led by the assessee in the regular .....

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for A.Ys 2009-10 and 2010-11 respectively. In the assessments completed under section 147/143(3) for both the years under consideration, the total income of the assessee was determined by the Assessing Officer at ₹ 23,16,350/- and ₹ 29,16,790/- for assessment years 2009-10 and 2010-11 respectively after making various additions. 3. Against the orders passed by the Assessing Officer under sect ion 147/143(3) for both the years under consideration, the appeals were preferred by the ass .....

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material available on record. The preliminary issue raised by the assessee at the time of hearing before the Tribunal is that noncompliance before the ld. CIT(Appeals) was due to some unavoidable reasons beyond the control of the assessee and one more opportunity therefore be given to the assessee to put forth its case on merit before the ld. CIT(Appeals) by sending the matter back to him. In this regard, an af f idavi t has been f i led on behalf of the assessee explaining the reasons for non- .....

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