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Amit Babbar House No.1674A, Sector-29, Housing Board Colony, Old Faridabad, Haryana, Vs. ITO, Ward-1(2), Faridabad
July, 20th 2015
                       DELHI BENCH `SMC-II', NEW DELHI

                                  ITA No. 5226/Del/2014
                                 Assessment Year: 2009-10

            Amit Babbar                    Vs.   ITO,
            House No.1674A, Sector-29,           Ward-1(2),
            Housing Board Colony,                Faridabad
            Old Faridabad,
             (Appellant)                         (Respondent)

                  Appellant by  :        Sh. Amit Babbar
                  Respondent by :        Sh. Manoj Kr. Chopra, Sr. DR

                               Date of Hearing    : 13.07.2015
                        Date of pronouncement     :   17.07.2015


      This appeal is filed by the assessee against the order dated 01.07.2014 of
Ld.CIT(A), Faridabad pertaining to the Assessment Year 2009-10 on the following
ground which reads as under:-

      "1.   The Ld CIT (Appeals) has passed the order without affording sufficient
      opportunity of being heard, which is against the natural justice of law. The Ld
      CIT (Appeals) issued 3 notices for hearing out of which 2 remained un-served.
      The only notice dated 24.06.2014 which is stated to be served was fixed for
      hearing on 09.07.2014 whereas the order has already been passed by the Ld
      CIT(Appeals) on 01.07.2014.i.e prior to the date fixed for hearing.

      2.    The Ld CIT (Appeals) considered the deposits and withdrawals in banks
      for the month of April 2008 only to consider for confirming the additions and
      ignoring the facts of rest of the 11 months.

      3.    It is prayed that the order of the Ld. CIT (Appeals) may be set-aside and
      the additions made by Ld. ITO amounting Rs. 401260/- and Rs. 157118/- may
      be deleted."

2.    After hearing the rival contention, I set aside the issue to the file of the ld
CIT(A) for fresh adjudication in accordance with law on the ground of natural
justice. The assessee has demonstrated before me that he has been prevented from
sufficient cause from appearing before the ld CIT(A).
                                                                            Page 2 of 2

3.    The ld DR pointed out that the assessee is not cooperating. I direct the
assessee to appear before the ld CIT(A) on 7 th September 2015 and obtained the
notice of hearing, and thereafter appear before the ld CIT(A) on the date and time
given by him and cooperate in disposing the matter on merits.
4.    In the result the appeal is allowed for statistical purposes.
      Order pronounced in the Open Court on 17th July, 2015.


                                                    (J. SUDHAKAR REDDY)
                                                     ACCOUNTANT MEMBER

Dated: 17th July, 2015

Copy forwarded to: -
1.    Appellant
2.    Respondent
3.    CIT
4.    CIT(A)
5.    DR, ITAT
                           TRUE COPY
                                                                          By Order,
                                                                 ASSISTANT REGISTRAR
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