1 IT A NO . 1782/KOL/2017 M/S. ORI PLAST LTD IN THE INCOME TAX APPELLATE TRIBUNAL D BENCH: KOLKATA BEFORE: SHRI P.M J AGTAP , ACCOUNTANT MEMBER AND SHRI S.S. VISWANETHRA RAVI, JUDICIAL MEMBER I.T.A NO . 1782 /KOL/201 7 A.Y: 20 09 - 10 M/S. ORI PLAST LTD VS. J.C.I.T, RANGE - 6, KOLKATA PAN: AA ACO - 3368A [APPELLANT] [RESPONDENT] FOR THE APPELLANT : SHRI RAVI TULSIYAN, FCA, LD.AR FOR THE RESPONDENT : SHRI A. BHATTACHARYA, ADD L.CIT, LD.SR.DR DATE OF HEARING : 30 - 0 7 - 2018 DATE OF PRONOUNCEMENT : 29 - 0 8 - 201 8 ORDER SHRI S.S. VISWANETHRA RAVI, JM: THIS APPEAL BY THE ASSESSEE IS DIRECTED AGAINST THE ORDER OF THE COMMISSIONER OF INCOME TAX (APPEALS) , 2 , KOLKATA DT. 04 - 05 - 201 7 FOR THE A.Y 20 09 - 10 , WHERE HE CONFIRMED THE ADDITIONS MADE BY THE AO EX PARTE. 2. AFTER HEARING BOTH THE PARTIES, WE FIND THAT THE CIT - A ISSUED NOTICES ON THE FOLLOWING DATES: - DT. OF NOTICE DT. OF HEARING REMARKS 30.03.2016 27.04.2016 THE A/ R ASKED FOR ADJOURNMENT AND CASE WAS ADJOURNED FOR 1 9.05.16 1 9.05.2016 AS PER RECORD NON - APPEARED NOR ANY ADJOURNMENT WAS FILED/AVAILABLE ON RECORD. 09.05.2016 15.07.2016 AS PER RECORD NON - APPEARED NOR ANY ADJOURNMENT WAS FILED/AVAILABLE ON RECORD. 20 .07.2016 03.08.2016 AS PER RECORD NON - APPEARED NOR ANY ADJOURNMENT WAS FILED/AVAILABLE ON RECORD. 06.03.2017 10.04.2017 THE A/R ASKED FOR ADJOURNMENT AND CASE WAS ADJOURNED FOR 02.05.2017 02.05.2017 AS PER RECORD NON - APPEARED NOR ANY ADJOURNMENT WAS FILED/AVAILABLE ON RECORD. 3. ON PERUSAL OF ABOVE, WE FIND THAT THE CIT - A ISSUED NOTICES FOR HEARING ON 27 - 04 - 2016, 19 - 05 - 2016, 15.07.2016, 03.08.2016, 10.04.2017 & 02.05.2017 . HOWEVER, THE ASSESSE SOUGHT 2 IT A NO . 1782/KOL/2017 M/S. ORI PLAST LTD ADJOURNMENTS TIME TO TIME. FINALLY ON 04 - 05 - 2017 HE PASSED ORDER EX PARTE WITHOUT CONSIDERING THE WRITTEN SUBMISSIONS FILED BY ASSESSE BEFORE HIM . IN SUCH CIRCUMSTANCES, TAKING INTO CONSIDERATION THE FACTS OF THE CASE, SUBMISSIONS OF THE LD.AR AND IN THE INTEREST OF JUSTICE, WE DEEM IT FIT AND PROPER TO REMAND THE MATTER TO THE FILE OF THE CIT - A FOR HIS ADJUDICATION AND TO PASS A FRESH ORDER AS PER LAW, AFTER GIVING THE ASSESSE ADEQUATE OPPORTUNITY OF HEARING. THE ASSESSE IS AT LIBERTY TO FILE NECESSARY EVIDENCES/EXPLANATION , IF ANY . GROUNDS RAISED BY TH E ASSESSE ARE ALLOWED FOR STATISTICAL PURPOSE. 4 . IN THE RESULT, THE APPEAL FILED BY THE ASSESSEE IS ALLOWED FOR STATISTICAL PURPOSES . ORDER PRONOUNCED IN THE OPEN COURT ON 29 - 0 8 - 2018 SD/ - SD/ - P.M JAGTAP S.S. VISWANETHRA RAVI ACCOUNTANT MEMBER JUDICIAL MEMBER DATED : 29 - 0 8 - 2018 PP(SR.P.S.) COPY OF THE ORDER FORWARDED TO: 1. A PPELLANT /ASSESSEE : M/S. ORI PLAST LTD. 43A MODEL HOUSE, 3 RD FLOOR, 40 STRAND ROAD, KOLKATA - 1. 2 RESPONDENT /REVENUE : JOINT COMM ISSIONER OF INCOME TAX , RANGE - 6, AAYKAR BHAWAN, P - 7 CHOWRINGHEE SQUARE, KOLKATA - 69. 3. THE CIT(A), 2 KOLKATA 4. 5. CIT , KOLKATA DR, KOLKATA BENCHES, KOLKATA / TRUE COPY, BY ORDER, SR.PS/H.O.O ITAT KOLKATA