KAMLESHKUMAR D DHOLAKIYA,PALSANA vs. JCIT, RANGE-2(3), SURAT

The captioned appeal filed by the assessee, pertaining to Assessment Year 2008-09, is directed against the order passed by the Learned Commissioner of Income Tax (Appeals)-1 [in short ‘ld. CIT(A)’], Surat in Appeal No. CIT(A), Surat-1/11782 /2018-19 dated 05.02.2020, which in turn arises out of a penalty order passed by Assessing Officer u/s 271D of the Income Tax Act, 1961 (hereinafter referred to as the ‘Act’) dated 28.09.2016.

At the outset itself, the ld. Counsel for the assessee assailed the impugned order by contending that assessee could not represent his case before Ld. CIT(A) and the order being an ex parte order, stood vitiated on account of violation of principle of natural justice. Learned Counsel submits that during appellate proceedings the ld. CIT(A) has sent notices for hearing on wrong address, therefore, notices for hearings could not serve on assessee. The ld. Counsel pointed out that in address; the Ld. CIT(A) mentioned “Vododara” instead of “Kadodara”, therefore notices could not serve on assessee and as a result the assessee could not plead his case before Ld. CIT(A). Therefore, Ld. Counsel

Considering the above facts, we note that assessee has not given sufficient opportunity of being heard and could not plead his case successfully before the ld. CIT(A). We note that it is settled law that principles of natural justice and fair play require that the affected party is granted sufficient opportunity of being heard to contest his case. Therefore, without delving much deeper into the merits of the case, in the interest of justice, we restore the matter back to the file of Ld. CIT(A) for de novo adjudication and pass a speaking order after affording sufficient opportunity of being heard to the assessee, who in turn, is also directed to contest his stand forthwith. Therefore, we deem it fit and proper to set aside the order of the ld. CIT(A) and remit the matter back to the file of the ld. CIT(A) to adjudicate the issue afresh on merits. For statistical purposes, the appeal of the assessee is treated as allowed.

In the result, the appeal of the assessee is allowed for statistical purposes.