GAJMUKHI CREDIT COOPERATIVE SOCIETY LIMITED,PALI vs. ITO,WARD-4, PALI

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ITA 121/JODH/2022Status: DisposedITAT Jodhpur16 January 2023AY 2017-183 pages
AI SummaryRemanded

What did the Tribunal hold?

The Tribunal found that the CIT(A) had not adjudicated the issues on merits and had dismissed the appeal in limine. Therefore, in the interest of natural justice, the matter was restored to the CIT(A) for adjudication on merits.

What were the facts?

The assessee's appeal before the CIT(A) was dismissed ex-parte as the assessee did not appear. The CIT(A) confirmed an addition of Rs. 6.86 crores made by the AO under Section 68 regarding demonetised notes.

What were the issues?

Whether the CIT(A) erred in dismissing the appeal ex-parte without adjudicating the issues on merits, and whether the addition under Section 68 was justified.

Which sections of the Income-tax Act were involved?

Section 68

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, JODHPUR BENCH, JODHPUR

Before: SHRI B. R. BASKARAN & Dr. S. SEETHALAKSHMI

For Appellant: Shri Sanjeev Kumar Dev
Hearing: 16/01/2023

Heard together (2 matters)

ITA No. 121/Jodh/2022
S.A. No.06/Jodh/2022

Read from the judgment's own cause title. This page is filed under one of them.

O R D E R PER: B. R. BASKARAN, AM The assessee has filed this appeal challenging the order dated 17-05-2022 passed by Ld CIT(A), NFAC, Delhi and it relates to the assessment year 2017- 18. The assessee has also filed a stay application seeking stay of outstanding demand.

2.

None appeared on behalf of the assessee. However, the assessee has moved an application seeking adjournment. However, we notice that the Ld CIT(A) has passed order ex-parte, since the assessee did not appear before him. Under these circumstances, we reject the request for adjournment and proceed to dispose of the appeal ex-parte, without presence of the assessee.

3.

We heard Ld D.R and perused the record. The issue contested before Ld CIT(A) was related to the addition of Rs.6.86 crores made u/s 68 of the Act in respect of deposit of demonitised notes by the assessee in its bank account. Since the assessee did not appear before Ld CIT(A), the first appellate authority dismissed the appeal confirming the addition made by the AO, without discussing anything on merits of the issue.

4.

We noticed that the ld CIT(A) has not adjudicated the issues on merits. We also notice that the assessee has also not made any submissions before ld CIT(A). In effect, the impugned order has been dismissed by Ld CIT(A) in limine. Accordingly, in the interest of natural justice, we are of the view that all the issues contested by the assessee in this appeal needs to be restored to the file of Ld CIT(A) for adjudicating them on merits. Accordingly, we set aside the order passed by Ld CIT(A) and restore all the issues to his file for adjudicating them on merits, after providing adequate opportunity of being heard to the assessee. We also direct the assessee to fully co-operate with the AO for expeditious disposal of the appeal.

5.

Since we have disposed of the appeal itself, the stay application filed by the assessee shall become infructuous. Accordingly, we dismiss the same.

6.

In the result, the appeal filed by the assessee is treated as allowed for statistical purposes. The stay application filed by the assessee is dismissed.

Order pronounced in the open Court on 16 /01/2023

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