MADUGU SATYANARAYANA,HYDERABAD vs. INCOME TAX OFFICER, WARD-14(4), HYDERABAD

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ITA 1542/HYD/2019Status: DisposedITAT Hyderabad24 August 2021AY 2012-133 pages

In favour of the assessee: the assessee's appeal was allowed. From the AI summary of this appeal.

AI SummaryAllowed

What did the Tribunal hold?

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

What were the facts?

The assessee's appeal was directed against an order of the CIT(A) for AY 2012-13. The assessee's counsel pointed out that the CIT(A) had decided the matter ex-parte.

What were the issues?

Whether the ex-parte decision by the CIT(A) was just and proper, and if the matter should be 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 “A”: HYDERABAD

Before: SHRI SATBEER SINGH GODARA & SHRI LAXMI PRASAD SAHU

For Appellant: Shri AV. Raghuram
For Respondent: Shri A. Venkata Rao
Hearing: 17/08/2021Pronounced: 24/08/2021

O R D E R PER L.P. SAHU, A.M.: This appeal filed by the assessee is directed against CIT(A) – 4, Hyderabad’s order, dated 19/08/2019 for AY 2012-13 involving proceedings u/s 143(3) rw.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 interest of justice, the matter may be restored to his file for deciding various grounds of appeals on merits. The learned DR agreed with the aforesaid statement of the learned AR.

:- 2 -: Modagu Satyanarayana, Hyd.

4.

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 appeal on merits. We direct the assessee to appear before CIT(A) on or before 30 th November, 2021 with all the relevant evidences; at his own risk and responsibility to be followed by three effective opportunities of hearing.

5.

In the result, appeal of the assessee is treated as allowed for statistical purposes. Pronounced in the open court on 24th August, 2021.

Sd/- Sd/- (S.S. GODARA) (L. P. SAHU) JUDICIAL MEMBER ACCOUNTANT MEMBER Hyderabad Dated: 24th August, 2021. *gmv Copy to : 1 Sri Madagu Satyanarayana, 8-1-282, Shaikpet, Golkonda, Hyderabad 500 008, Telangana. 2 ITO, Ward 14(4), Hyderabad. 3 ACIT, Range 14, Hyderabad 4 CIT(A) – 4, Hyderabad. Pr. CIT - 4, Hyderabad 5 ITAT, DR, Hyderabad. 6 7 Guard File.

:- 3 -: Modagu Satyanarayana, Hyd.

S.No. Details Date 1 Draft dictated on 2 Draft placed before author Draft proposed & placed before the 3 Second Member Draft discussed/approved by 4 Second Member Approved Draft comes to the Sr. 5 PS/PS 6 Kept for pronouncement 7 File sent to Bench Clerk Date on which the file goes to Head 8 Clerk 9 Date on which file goes to A.R. 10 Date of Dispatch of order

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