TMI Blog2018 (6) TMI 1599X X X X Extracts X X X X X X X X Extracts X X X X ..... ed share capital and share premium amount - HELD THAT:- The impugned order of the Ld. CIT(A) passed ex-parte is accordingly set aside and the matter is restored to the file of the AO for deciding the same afresh on merit in accordance with law after giving one more opportunity of being heard to the assessee. As undertaken by the learned counsel for the assessee, the assessee shall make due complia ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... filed its return of income for the year under consideration declaring a total income at nil. During the course of assessment proceedings, the claim of the assessee of having received the share capital and share premium amount aggregating to ₹ 2,42,00,000/- was examined by the A.O. In this regard, he issued a notice under section 131 to the assessee requiring it to appear personally along wit ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... otal income of the assessee at ₹ 2,42,67,918/- in the assessment completed under section 143(3) vide an order dated 10.03.2015. 3. Against the order passed by the AO u/s 143(3), an appeal was preferred by the assessee before the Ld. CIT(A) and since there was no compliance on the part of the assessee to the notices issued by the Ld. CIT(A) fixing the said appeal for hearing from ti ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ived by the office of the Ld. CIT(A) well before the corresponding dates of hearing. He has also filed the copies of the said applications duly received by the office of the Ld. CIT(A) and contended that the Ld. CIT(A) failed to take cognizance of the said applications and proceeded to dispose of the appeal of the assessee vide impugned order passed ex-parte on the ground that there was no complia ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... impugned order of the Ld. CIT(A) passed ex-parte is accordingly set aside and the matter is restored to the file of the AO for deciding the same afresh on merit in accordance with law after giving one more opportunity of being heard to the assessee. As undertaken by the learned counsel for the assessee, the assessee shall make due compliance before the AO and shall extend all the possible coopera ..... X X X X Extracts X X X X X X X X Extracts X X X X
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