What did the Tribunal hold?

The Tribunal found that the CIT(A)'s order was not in conformity with Section 250(6) of the Act as it was not a reasoned order on merit. The matter was remitted back to the CIT(A) for a fresh decision.

The assessee did not appear before the CIT(A) despite receiving notices, leading to an ex-parte order. The CIT(A) confirmed an addition of Rs. 6,16,747/- towards undisclosed income from other sources.

What were the issues?

Whether the CIT(A) passed a reasoned order on merit when deciding the appeal ex-parte. Whether the assessee should be granted a further opportunity to present their case.

Shri Yogeshkumar Natvarlal Patel vs ITO | ITAT Ahmedabad 2021

Income Tax Appellate Tribunal, “SMC” BENCH, AHMEDABAD

Before: SHRI AMARJIT SINGH&

For Respondent: Shri Purushottam Kumar, Sr. DR

Pronounced: 06/10/2021

PER Ms. MADHUMITA ROY - JM:

The instant appeal filed by the assessee is directed against the order dated 11.05.2018 passed by the Ld. CIT(A)-6, Ahmedabad arising out of the order dated 05.12.2017 passed by the ITO, Ward-6(1)(1), Ahmedabad under Section 143(3) of the Income Tax Act, 1961 (hereinafter referred as to “the Act”) for A.Y. 2015-16.

We have heard the parties, and perused the relevant materials available on record.

None appears at the time of call on behalf of the assessee neither any adjournment was sought for. However, it appears that the Ld. CIT-(A) passed the ex- parte order on technical ground. The matter was fixed for hearing before the Ld. CIT(A) on 27.04.2018 and 09.05.2018 notices whereof were served upon the assessee but none appeared on behalf of the assessee neither written submission filed therein.

- 2 - Shri Yogeshkumar Natvarlal Patel vs. ITO A.Y. 2015-16 On the other hand, the CIT-(A) passed an order on confirming the addition of Rs. 6,16,747/- towards undisclosed income from other sources as made by the Ld. AO. However, it appears that such order was not in conformity with provision of Section 250(6) of the Act by which the Ld. CIT(A) is required to pass a reasoned order on merit.

Therefore, keeping in view the entire aspect of the matter we consider the matter to be remitted to the file of the Ld. CIT(A) to decide the issue afresh upon granting a further opportunity of being heard to the assessee. The Ld. CIT(A) will also take into consideration the evidence on record or any other evidence which the assessee may choose to file at the time of hearing of the appeal before him. Hence, assessee’s appeal is allowed for statistical purposes.

In the result, the appeal filed by the assessee is allowed for statistical purposes. This Order pronounced in Open Court on 06/10/2021

SHRI YOGESHKUMAR NATVARLAL PATEL,AHMEDABAD vs. ITO, WARD-6(1)(1), AHMEDABAD

What did the Tribunal hold?

What were the facts?

What were the issues?

Which sections of the Income-tax Act were involved?

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