SANTOSH PANDURANG GAIKWAD,PUNE vs. INCOME TAX OFFICER, WARD -8 (2), PUNE

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ITA 532/PUN/2020Status: DisposedITAT Pune28 January 2021AY 2011-20123 pages
AI SummaryRemanded

What did the Tribunal hold?

The Tribunal set aside the impugned order and remitted the matter back to the CIT(A) for disposal on merits. The assessee was to be given an opportunity of hearing.

What were the facts?

The assessee's appeal was against an order passed by the CIT(A). The assessee's counsel submitted that due to pandemic restrictions, they could not make a proper representation before the CIT(A).

What were the issues?

Whether the assessee was prevented by sufficient cause from appearing before the CIT(A) and making proper representation due to pandemic restrictions.

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, PUNE BENCH “SMC”, PUNE – VIRTUAL COURT

Before: SHRI R.S. SYAL

For Appellant: Shri Pramod Shingte
For Respondent: Shri S. P. Walimbe

This appeal by the assessee is directed against the order passed by the CIT(A)-6, Pune on 18-08-2020 in relation to the assessment year 2011-12.

2.

At the very outset, the ld. Counsel for the assessee submitted that due to prevailing pandemic conditions because of CORONA VIRUS, the assessee could not make out proper representation before the ld. CIT(A) because of movement restrictions and other factors beyond control, which led to the passing of the order during the closure period. It was, therefore, prayed that another opportunity should be granted to the assessee for enabling him to appear before the ld. CIT(A) and make proper representation. No serious exception was taken by the ld. DR. In view of the above stated facts, I set aside the impugned order and remit the matter to the file of the ld. CIT(A) for disposing it on merits after giving opportunity of hearing to the assessee.

3.

In the result, the appeal is allowed for statistical purposes.

Order pronounced in the Open Court on 29th January, 2021.

Sd/- (R.S.SYAL) उपा�य� उपा�य�/ VICE PRESIDENT उपा�य� उपा�य� पुणे Pune; �दनांक Dated : 29th January, 2021 Satish

आदेश क� क� क� �ितिलिप क� �ितिलिप �ितिलिप अ�ेिषत �ितिलिप अ�ेिषत अ�ेिषत / Copy of the Order is forwarded to : अ�ेिषत आदेश आदेश आदेश अपीलाथ� / The Appellant; 1. ��यथ� / The Respondent; 2. आयकर आयु�(अपील) / 3. The CIT (Appeals)-6, Pune 4. The Pr. CIT-5, Pune िवभागीय �ितिनिध, आयकर अपीलीय अिधकरण, पुणे “SMC” / 5. DR ‘SMC’, ITAT, Pune; गाड� फाईल / Guard file. 6. // True copy // आदेशानुसार आदेशानुसार आदेशानुसार/ BY ORDER, आदेशानुसार

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