ITAT allows opportunity to assessee to substantiate the case on the grounds of natural justice

The brief facts of the case is that the assessing officer had completed the assessment under section 143(3) of the Act dated 29.12.2008 by assessing total income of the assessee at (-) ₹.4,88,01,288/- after making various disallowances/additions. On appeal, the ld. CIT(A) confirmed the assessment order and disallowed the appeal of the assessee.

On being aggrieved, the assessee is in appeal before the Tribunal. The ld. Counsel for the assessee has submitted that the assessee company, being under liquidation, was under strenuous pressure of running behind the Hon’ble High Court and public depositors as well as bond holders for consolidation and recover the dues with lack of sufficient staff and thereby could not put appearance before the ld. CIT(A) and prayed for one more opportunity of being heard to the assessee to substantiate its claim before the ld. CIT(A). ITAT stated that assessee has not availed the opportunity of being heard accorded by the ld. CIT(A) on 23.05.2017, 16.06.2017, 16.08.2017, 15.09.2017, 08.11.2017 and 22.11.2017. Further, it stated that in order to meet the ends of natural justice, that to, the assessee is under \ liquidation, one more opportunity should be afforded to the assessee to substantiate its case before the ld. CIT(A). Accordingly, it remit the entire issues to the file of the ld. CIT(A) for fresh adjudication after considering the materials/explanation as may be submitted by the assessee.

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