SHRI SWARAN SINGH,LUDHIANA vs. ITO, W-6(3), LUDHIANA
What did the Tribunal hold?
The Tribunal held that the CIT(A) passed an ex-parte order without ensuring proper communication of the hearing date to the assessee, violating principles of natural justice. The case was set aside for fresh adjudication.
What were the facts?
The Assessing Officer made an ex-parte addition of Rs. 75,00,000/- for property purchase. The CIT(A) also decided the appeal ex-parte, citing non-attendance of the assessee at various hearings.
What were the issues?
Whether the CIT(A) was justified in deciding the appeal ex-parte without providing a reasonable opportunity of being heard to the assessee.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
आदेश/Order
PER N.K. SAINI, VICE PRESIDENT
This is an appeal by the assessee against the order dt. 12/07/2019 of Ld. CIT(A)-3, Ludhiana.
Following grounds have been raised in this appeal :
That order passed u/s 250(6) of the Income Tax Act, 1961 by the Learned Commissioner of Income Tax (Appeals)-3, Ludhiana is against law and facts on the file in as much as she was not justified to decide the appeal ex-parte.
2. That the Ld. CIT(A) was not justified in not adjudicating the validity of initiation of proceedings u/s 147. 3. That the Ld. CIT(A) was further not justified to uphold the arbitrary addition of Rs. 75,00,000/- made by the Ld. Assessing Officer. 3. The main grievance of the assessee vide Ground No. 1 relates to the exparte order passed by the Ld. CIT(A).
Facts of the case in brief are that the A.O. on the basis that the assessee purchased a property of Rs. 75,00,000/- during the Financial Year relevant to the Assessment Year under consideration issued notice under section 148 of the Income Tax Act, 1961 (hereinafter referred to as ‘Act’) on 30/03/2018 by recording the reasons to believe that the purchase of the aforesaid property by the assessee had escaped assessment. Since no reply was received from the assessee the A.O. framed the assessment exparte and assessed the income of the assessee at Rs. 75,00,000/-.
Being aggrieved the assessee carried the matter to the Ld. CIT(A) who decide the appeal exparte by observing in para 5 of the impugned order as under:
“ 5. During the course of appellate proceedings various dates of hearing have been fixed details of which are as under:
Sr. No. Date on which Mode of service Date of hearing Remark notice was issued 1 I.T.N.S 37 and 51 Through Notice 15/03/2019 None attended on 25/02/2019 server 2. 25/03/2019 Through Notice 24/04/2019 ON REQ. CASE ADJ. TO server 16/05/2019 3. 16/05/2019 ON REQ. CASE ADJ. TO 06/06/2019 4. 06/06/2019 None attended 5. 25/06/2019 Through Notice 10/07/2019 ON REQ. CASE ADJ. TO server 12/07/2019 12/07/2019 None attended
From the above sequence of event, it can be seen that neither the appellant nor his counsel attended the hearing on various occasion although he has been issued notices for hearing on various dates, which have been duly served also. It has been noticed that the appellant has not attended the hearing on the date fixed for hearing whereas notice have been properly served. As the appellant has not availed any of the opportunities allowed to him to represent the case, I am of the opinion that the appellant is not interested in pursuing his appeal matter and has to say nothing in the matter in addition to grounds of appeal taken by him. So, the appeal filed by the appellant is being disposed off ex-parte on the basis of the material available on records without allowing any further opportunity of being heard to the appellant. The maxim vigilantibus non-dermientibus jura subvenunt" i.e. "the law assist those who are vigilant and not those who sleep over their rights" is applicable in this case.
The Ld. CIT(A) sustained the addition made by the A.O. by passing the exparte order.
Now the assessee is in appeal.
Ld. Counsel for the Assessee submitted that no opportunity of being heard was provided by the Ld. CIT(A) and the date of hearing on 12/07/2019 was not conveyed to the assessee, therefore the addition sustained by the Ld. CIT(A) was not justified.
In his rival submissions the Ld.Sr. DR supported the orders of the authorities below and further submitted that considering the non cooperative attitude of the assessee there was no alterative except to pass the assessment order exparte and that the Ld. CIT(A) was also justified in sustaining the addition, since the assessee did not explain the source of investment in the property.
We have considered the submissions of both the parties and perused the material available on the record. In the present case, it is an admitted fact that the A.O. passed the assessment order exparte and the Ld. CIT(A) also passed the impugned order exparte, he simply stated that whenever the case was fixed, non-attended, he also mentioned that the notice dated 25/06/2019 for hearing on 10/07/2019 was served through notice server and the case was adjourned to 12/07/2019, however, it is not brought on record as to whether the said date for hearing on 12/07/2019 was communicated to the assessee. It is well settled that nobody should be condemned, unheard as per the maxim, “audi alteram partem”.
We therefore keeping in view the principles of natural justice, deem it appropriate to set aside this case back to the file of Ld. CIT(A) to be adjudicated afresh in accordance with law after providing due and reasonable opportunity of being heard to the assessee.
In the result, appeal of the Assessee is allowed for statistical purposes.
(Order pronounced in the open Court on 05/04/2021)
More judgments on Section 147
- ACIT Central Bilaspur, Bilaspur vs Arun Kumar Agrawal, SaktiITSSA 26/RPR/2025[2018-19]Status: Disposed21 Oct 2026AY 2018-19
- Vinod Agrawal, Kawardha vs Assisstant Commissioner of Income Tax…ITA 666/RPR/2026[2019-20]Status: Heard21 Oct 2026AY 2019-20
- Sar Business Tradelink Private Limited… vs Income Tax Officer, Ward - 1(2), RaipurITA 599/RPR/2026[2014-15]Status: Heard21 Oct 2026AY 2014-15
- Tarunaben Maganlal Bhut, Navagam vs ITO Ward 2(2)(1), RajkotITA 673/RJT/2026[2024-25]Status: Disposed21 Oct 2026AY 2024-25
- Neo Incorporation, Rajkot vs DCIT Circle- 1(2), RajkotITA 471/RJT/2026[2012-2013]Status: Disposed21 Oct 2026AY 2012-2013
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