SUNANDA YARRAGUNTLA,KADAPA vs. INCOME TAX OFFICER, WARD-1, KADAPA

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ITA 138/HYD/2020Status: DisposedITAT Hyderabad27 August 2021AY 2014-153 pages
AI SummaryRemanded

What did the Tribunal hold?

The Tribunal restored the appeal to the file of the CIT(A) for deciding the grounds of appeal on merits. The CIT(A) was directed to provide a reasonable opportunity of hearing to the assessee.

What were the facts?

The assessee's appeal was directed against an ex-parte order passed by the CIT(A). The assessee's counsel requested the matter be restored to the CIT(A)'s file for a decision on merits, with an undertaking to produce relevant documents.

What were the issues?

Whether the CIT(A) order passed ex-parte should be set aside and the matter remanded for fresh adjudication on merits.

Which sections of the Income-tax Act were involved?

Section 143(3),Section 147

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, HYDERABAD BENCHES “B”: HYDERABAD

Before: SHRI SATBEER SINGH GODARA & SHRI LAXMI PRASAD SAHU

For Appellant: Shri Kiran Manohar
For Respondent: Shri YVST Sai
Hearing: 26/08/2021Pronounced: 27/08/2021

O R D E R PER L.P. SAHU, A.M.: This appeal filed by the assessee is directed against CIT(A), Kurnool’s order dated 27/12/2016 for AY 2014-15 involving proceedings u/s 143(3) r.w.s. 147 of the Income Tax Act, 1961 ; in short “the Act”.

2.

In the course of hearing, it was pointed out by the learned counsel of the assessee that the learned CIT(A) had decided the matters ex-parte. Therefore, it would be in the :- 2 -: Sunanda Yarraguntla, Hyd.

interest of justice, the matter may be restored to his file for deciding various grounds of appeal on merits. The ld. AR undertook to produce all the relevant documents to substantiate his case before the CIT(A). The learned DR agreed with the aforesaid statement of the learned AR.

3.

We have considered the facts of the case and the request made by the learned AR. We are of the view that interest of justice will be served if the matter is restored to the file of first appellate authority for deciding various grounds of appeal of the assessee on merits. Accordingly, the CIT(A) is directed to afford reasonable opportunity of being heard to the assessee and thereafter decide the appeals on merits. We direct the assessee to appear before CIT(A) on or before 30th November, 2021 with all the relevant evidences; at his own risk and responsibility to be followed by three effective opportunities of hearing.

4.

In the result, appeal of the assessee is treated as allowed for statistical purposes. Pronounced in the open court on 27th August, 2021.

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