ITA 81 OF 2019 IN HIGH COURT AT CALCUTTA Special Jurisdiction (Income Tax) ORIGINAL SIDE PRINCIPAL COMMISSIONER OF INCOME TAX-4,KOLKATA Versus M/S. SADHANA STOCKS & SECURITIES PVT. LTD. BEFORE: Hon'ble JUSTICE I. P. MUKERJI Hon'ble JUSTICE MD. NIZAMUDDIN Date : 17th September, 2019. Appearance: Mr. D. Chowdhury, Adv. Mr. R. Ray, Adv. Court : Further to our order dated 8th July, 2019, affidavit of service has been filed. Service was sought to be made at recorded address of respondent assessee. assessee could not be found. We accept affidavit of service. We made following observations in our order dated 8th July, 2019 : Court :- affidavit is on record. None appears for respondent. Sufficient cause is shown. delay is condoned. department is directed to register appeal immediately. application (for condonation of delay (GA No. 211 of 2019) is allowed. On hearing Mr. Chowdhury at state of admission of appeal, we note that in impugned order of tribunal dated 22nd December, 2017, it has expressed following view: ld. Principal CIT however passed impugned order under Section 263 without giving any finding or conclusion as to how order of Assessing Officer was erroneous on merits in respect of 2 issue raised in notice issued under Section 263 and set aside same on ground of lack of enquiry by Assessing Officer without even putting assessee on notice. In our opinion, ratio of decision rendered by Coordinate Bench of this Tribunal in case of Infinite Infotech Park Ltd. (supra) thus is squarely applicable in present case and applying same, we hold that impugned order passed by ld. Principal CIT under section 263 is liable to be quashed. We order accordingly and allow this appeal of assessee. 13. In result, appeal of assessee is allowed. Order pronounced in open Court on 22nd day of December, 2017. If that be case, it ought to have decided question itself or remanded matter back. It has done neither. It has simply allowed appeal. We are minded to remand matter to tribunal for de novo consideration. This is our tentative view subject to hearing respondent. advocate-on-record for appellant is directed to give notice to respondent of this appeal along with gist of this order. appeal is formally admitted. Let appeal appear for orders on 22nd July, 2019. stay application ( GA No. 212 of 2019) is disposed of. Following that order, we set aside impugned order of tribunal dated 22nd December, 2017 and remand entire matter to tribunal to decide afresh with reasons after hearing parties and by reasoned order within six months of communication of this order. This appeal (ITA 81 of 2019) is, accordingly, disposed of. (I. P. MUKERJI, J.) (MD. NIZAMUDDIN, J.) A.Dey Principal Commissioner of Income-tax-4, Kolkata v. Sadhana Stocks & Securities Pvt. Ltd