SANJAY KUMAR KARAN,PATNA vs. INCOME TAX OFFICER, WARD-6(1), PATNA

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ITA 562/PAT/2022Status: DisposedITAT Patna21 April 2023AY 2017-183 pages
AI SummaryRemanded

What did the Tribunal hold?

The Tribunal found merit in the assessee's contention that the CIT(A) passed an ex-parte order without dealing with the case on merits. Therefore, the matter was restored to the AO for de novo adjudication after providing a reasonable opportunity of being heard.

What were the facts?

The assessee's appeals were directed against ex-parte orders passed by the CIT(A). The assessee contended that they did not get an opportunity to file submissions before the CIT(A) and the order merely reiterated the AO's assessment. The revenue did not oppose the assessee's request.

What were the issues?

Whether the CIT(A) erred in passing an ex-parte order without providing the assessee with an adequate opportunity to present their case and submissions.

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, PATNA BENCH, PATNA

Before: Shri Rajesh Kumar & Shri Sonjoy Sarma]

Hearing: 20.04.2023Pronounced: 21.04.2023

ORDER Per Sonjoy Sarma, JM: These appeals of the assessee for the assessment year 2017-18 is directed against the order dated 01.11.2022 & 02.11.2022 respectively passed by the ld. Commissioner of Income-tax, Appeals, NFAC, Delhi [hereinafter referred to as ‘the ‘ld. CIT(A)’].

2.

At the outset, ld. Counsel for the assessee submitted that the order of the ld. CIT(A) is an ex-parte order and nothing has been dealt on merits except reiterating assessment order on the disallowances/additions made by the ld. AO. The assessee could not get any opportunity to file its submissions and other relevant details before the authority below. Since the engaged counsel did represent the case properly before the authority below. Thus, the assessee referring to grounds of appeal, it has prayed that grounds raised in the instant appeal may be restored to the ld.

3.

Per contra, ld. DR was fair enough not to oppose this request of the ld. counsel for the assessee.

4.

We have heard the rival contentions and perused the records placed before us. Through grounds, the assessee has stated that ld. CIT(A) failed to appreciate the materials on record and passed the order ex-parte. On perusal of the impugned order, we noticed that the instant ground raised by the assessee has merit as in the impugned order, ld. CIT(A) merely reproduced grounds of appeal raised by the assessee and the decision part, finding has been given only reiterating the assessment order passed by the ld. AO, as the assessee in the instant case could not able to file necessary details as well as submissions at the time of hearing before the ld. CIT(A) and before the ld. AO. Under these given facts and circumstances, we restore the matter in the instant appeals to the file of ld. AO for de novo adjudicating in accordance with law after considering the submission made by the assessee for which reasonable opportunity of being heard should be provided. The assessee also directed to remain vigilant and file necessary documents in support of its grounds of appeal and should not take any further adjournment, unless otherwise required for reasonable cause. In case after providing sufficient opportunity to the assessee, there is no compliance before the ld.

5.

In the result, both the appeals of the assessee are allowed for statistical purposes.

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