SHRI ABDUL AHAD DAR,SRINAGR vs. INCOME TAX OFFICER WARD-3 (5), BARAMULA

PDF · subscribers
ITA 194/ASR/2022Status: DisposedITAT Amritsar28 February 2023AY 2015-163 pages
AI SummaryRemanded

What did the Tribunal hold?

The Tribunal condoned the delay and remanded the matter back to the CIT(A) for fresh adjudication. This was due to the assessment and appellate orders being passed ex-parte without clear evidence of notice service on the assessee.

What were the facts?

The assessee filed an appeal before the ITAT with a delay of 58 days, citing medical grounds. The assessee contended that the lower authorities passed ex-parte orders without proper service of notice.

What were the issues?

Whether the lower authorities passed orders ex-parte without proper service of notice on the assessee, violating principles of natural justice.

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, AMRITSAR BENCH, AMRITSAR

Before: DR. M. L. MEENA & SH. ANIKESH BANERJEE

For Appellant: Ms. Sunfat Ashraf Wani, Adv
Hearing: 20.02.2023Pronounced: 28.02.2023

The present appeal has been filed by the assessee against the order of the Ld. CIT(A) National Faceless Appeal Centre (NFAC), Delhi dated 29.06.2022, in respect of AY 2015-16, challenging therein the impugned

Abdul Ahad Dar v. ITO order passed ex-parte qua the assessee emanates out of the ex-parte assessment order date 27.12.2017.

2.

There has been a delay of 58 days in filing the appeal before the Tribunal which has explained to be a medical ground that the assessee has suffered chronic diabetes during that period. Although, the ld. DR has objection to the condonation of delay, however considering the short period delay in filing the appeal, we hereby condoned the delay and allow the appeal to be heard on merits.

3.

At the outset, the ld. counsel for the assessee submitted that the lower authorities has passed the order ex-parte qua the assessee without service of notice, hence, she requested that the matter may be remanded back to the CIT(A) to decide the issues fresh after considering the submission of the assessee on the grounds of appeal pertaining to deposits in the bank account and application of a net profit rate or gross rate etc.

4.

The ld. DR stand by the impugned order. However, he failed to file any evidence in rebuttal/ controvert the facts of service of the notice upon the assessee.

5.

From the record, it is evident that the assessment order and the impugned order are passed ex-parte qua the appellant assessee. The Abdul Ahad Dar v. ITO factum of issue of notices have been mentioned, however the factum of service of notice on the assessee is not mentioned and in the absence of service of notice, how the assessee can make any compliance to the queries raised by the ld. CIT(A) in the appellate proceedings.

6.

In view of the matter, we consider it deem fit to remand back to the matter to the file of the ld. CIT(A) to adjudicate afresh by passing a speaking order after considering the written submission of the assessee by granting adequate opportunity of being heard to him in view of principles of natural justice. No doubt the assessee shall cooperate in the fresh proceedings before the ld. CIT(A).

7.

In the result, the appeal filed by the assessee is allowed for statistical purposes.

Order pronounced in the open court on 28.02.2023

Latest GST High Court judgments

Search GST case law →