1 IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH SMC - 3 , NEW DELHI BEFORE SHRI J. SUDHAKAR REDDY, ACCOUNTANT MEMBER ITA NO.4 4 6/DEL/201 5 AY: 200 9 - 10 SH. SARVESH KUMAR TYAGI VS. ITO, WARD 36(4) PROP. KYZEN PRINTS & DESIGN NEW DELHI DSIC SHED 1/2 6 - 8 CWC, TRILOKPURI NEAR POCKET II, MAYUR VIHAR I NEW DELHI 110 091 PAN: AAGPT 0987 M (APPELLANT) (RESPONDENT) APPELLANT BY : NONE . RESPONDENT BY : SH. B.RAMAN JANEYULU , SR.D.R. ORDER THIS IS AN APPEAL FILED BY THE ASSESSEE DIRECTED AGAINST THE ORDER OF THE LD.CIT(A) - XXVII, NEW DELHI DATED 15.10. 2014 PERTAINING TO THE ASSESSMENT YEAR (A.Y.) 200 9 - 10. 2. AFTER HEARING THE LD.SR.D.R. I FIND THAT THE LD.CIT(A) HAS PASSED AN EX PARTE ORDER. IN MY VIEW, THE ASSESSEE SHOULD BE GIVEN ONE MORE OPPORTUNITY TO PRESENT HIS CASE BEFORE THE LD.CIT(A). HENCE I SET ASIDE THE MATTER TO THE FILE OF THE LD.CIT( A) FOR FRESH ADJUDICATION IN ACCORDANCE WITH LAW. THE ASSESSEE SHALL APPEAR BEFORE THE FIRST APPELLATE AUTHORITY ON 5 TH DECEMBER, 2016, TAKE NOTICE AND COOPERATE IN DISPOSAL OF THE APPEAL. IF THE ASSESSEE FAILS TO DO SO, THE LD. FIRST APPELLATE AUTHORITY WOULD BE AT LIBERTY TO PASS SUCH ORDER, AS HE DEEMS FIT ON MERITS. 2 3. IN THE RESULT THE APPEAL IS ALLOWED FOR STATISTICAL PURPOSES. ORDER PRONOUNCED IN THE OPEN COURT ON 31 ST OCTOBER, 2016. S D / - (J. SUDHAKAR REDDY) ACCOUNTANT MEMBER DATED: THE 31 ST OCTOBER, 2016 MANGA COPY FORWARDED TO: - 1 . APPELLANT 2 . RESPONDENT 3 . CIT 4 . CIT(A) 5 . DR, ITAT - TRUE COPY - BY ORDER, ASSISTANT REGISTRAR