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In terms of the prayers of the parties before the Bench as noted in the earlier paras, the impugnedex parteorders are set aside back to the file of the AO and not the CIT(A) as the parties have highlighted that evidences are not on record as before the AO also, the assessee could not make effective representation due to the illness etc. of the Directors. These evidences, it has been argued will need to be verified by the AO.

Shanti Prime Publication Pvt. Ltd.

Section 253(5) of the Income Tax Act, 1961 — Appeal — Appellate Tribunal— Assessee company having two directors husband and wife, husband suffering from cancer undergoing surgery aboard accompanied by his wife, all these facts supported by affidavit and medical documents and condonation of delay not oppose by Departmental representative, delay of 615 days in filing appeal condoned, ex parte order impugned set aside and matter remanded to AO for decision afresh— Emsons Organics Ltd vs. Deputy Commissioner of income tax [2020] 203 TTJ (Chandigarh) (UO) 1

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