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The learned Authorised Representative has submitted that due to change of address of the assessee neither notices issued by the learned CIT(A), Ajmer after the case was transferred from the learned CITI(A), Jaipur to learned CIT(A), Ajmer nor the impugned order passed by the learned CIT(A) was received by the assessee as these were sent to the old address of the assessee. Thus, the learned Authorised Representative has submitted that only when the assessee received the penalty order passed under s. 271(1)(c) of the IT Act it came to know about the impugned order of the learned CIT(A) and immediately filed the present appeal.

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Sec. 253(5) of Income-tax Act, 1961— Appeal— The appeal of the assessee was decided by CIT(A) by ex parte order and the facts and circumstances under which the appeal of the assessee was dismissed by ex parte order has been discussed while deciding the application for condonation of delay and when notices issued by CIT(A) at the old address and the assessee has already shifted to the new address, then considering the facts and circumstance of the case as well as in the interest of justice, the impugned order of the learned CIT(A) as set aside and matter was remitted to the record of CIT(A) for deciding the same afresh after giving one more opportunity of hearing to the assessee. - MUNKA DALL & OIL MILLS (P) LTD. V/s ITO - [2020] 207 TTJ 029 (UO)(ITAT-JAIPUR)

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