VRAJLAL UMEDLAL JHAVERI,MUMBAI vs. ITO WARD 17(3)(5), MUMBAI, MUMBAI

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ITA 2572/MUM/2023Status: DisposedITAT Mumbai30 October 2023AY 2011-123 pages
AI SummaryRemanded

What did the Tribunal hold?

The Tribunal found a violation of natural justice as the assessee was not given a proper hearing. Therefore, the order of the CIT(A) was set aside to allow the assessee an opportunity to present their case on merits.

What were the facts?

The assessee's appeal was dismissed in limine by the CIT(A) for non-response to notices. The assessee claimed they were unaware of portal notices due to being aged and requested a fresh opportunity.

What were the issues?

Whether the dismissal of an appeal in limine for non-response to portal notices, without ensuring proper communication and opportunity to be heard, violates principles of natural justice.

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, Mumbai “F” Bench, Mumbai.

Before: Justice C.V. Bhadang & Shri B.R. Baskaran (AM)

For Appellant: Shri Tanmay Milind Phadke
For Respondent: Smt. Vranda U. Matkari
Hearing: 30.10.2023Pronounced: 30.10.2023

The assessee has filed this appeal challenging the order dated 26.5.2023 passed by the learned CIT(A)-National Faceless Appeal Centre, Delhi and it relates to A.Y. 2011-12.

2.

At the outset, the learned counsel appearing for the assessee submitted that the learned CIT(A) has dismissed the appeal in limine, without deciding the issues urged before him on merits on the reasoning that the assessee did not respond to the notices issued by him. The Learned AR submitted that the assessee is an aged man and no physical notice was issued to him. All the notices were posted in the income tax portal and the assessee was not aware of those notices. Accordingly he prayed that, in the interest of natural justice, all the issues may be restored to the file of the learned CIT(A) for adjudicating them on merits.

2 Vrajlal Umedlal Jhaveri

3.

We heard learned DR and perused the record. We noticed that the learned CIT(A) was constrained to dismiss the appeal in limine, since the assessee did not respond to the notices issued by him. It is the submission of learned AR that the notices were issued in the income tax portal and hence the assessee was not aware about them. Accordingly, it was submitted that the assessee could not comply to the notices issued by the learned CIT(A).

4.

In our view, the Ld CIT(A) could have decided the issues on merits on the basis of material available on record. In any case, in the absence of proper hearing given to the assessee, there is violation of principles of natural justice. Accordingly, we are of the view that, in the interest of natural justice, the assessee may be provided with one more opportunity to present his case properly before the learned CIT(A).

5.

Accordingly we set aside the order passed by the learned CIT(A) and restore all the issues to his file for adjudicating them on merits, after affording adequate opportunity of being heard to the assessee. We also direct the assessee to be vigilant and fully cooperate with the learned CIT(A) for expeditious disposal of the appeal.

6.

In the result, the appeal filed by assessee is treated as allowed for statistical purposes. Order pronounced in on 30.10.2023,

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