CAROL INFO SERVICES LTD,MUMBAI vs. THE DCIT-15(1)(2), MUMBAI
What did the Tribunal hold?
The Tribunal set aside the CIT(A)'s order and restored the issues to the CIT(A)'s file. The assessee was granted an opportunity to present their case on merits.
What were the facts?
The assessee's appeal before the CIT(A) was dismissed in limine for non-response to notices. The assessee claimed they did not receive the notices.
What were the issues?
Whether the CIT(A) was justified in dismissing the appeal without adjudicating on merits, and whether the assessee should be granted an opportunity to present their case due to non-receipt of notices.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, Mumbai “C” Bench, Mumbai.
Before: Shri B.R. Baskaran (AM) & Shri Sandeep Singh Karhail (JM)
The assessee has filed this appeal challenging the order dated 14.2.2023 passed by the learned CIT(A), National Faceless Appeal Centre, Delhi and it relates to A.Y. 2018-19. The assessee is aggrieved by the decision of the learned CIT(A) in dismissing the appeal in limine.
Facts relating to the case are stated in brief. The assessment in the hands of the assessee was completed by the Assessing Officer under section 143(3) of the Act by making disallowances under section 14A and under section 57(iii) of the Act. The assessee challenged the additions by filing the appeal before the learned CIT(A). Since the assessee did not respond to the notices issued by the learned CIT(A), the first appellate authority took the view that the assessee is not interested in prosecuting the appeal. Accordingly he dismissed the same in limine. Aggrieved, the assessee has filed the appeal this appeal before the Tribunal.
2 Carol Info Services Ltd.
Learned AR submitted that the assessee did not receive notices issued by the learned CIT(A) and hence it could not respond to the same. He further submitted that the learned CIT(A) has not adjudicated the grounds on merit. Accordingly he submitted that the assessee would suffer irreparable loss if the order of the learned CIT(A) is confirmed. In the alternative, he submitted that the assessee may be provided with an opportunity to present its case before the learned CIT(A).
We heard learned DR and perused the record. Admittedly the learned CIT(A) has not adjudicated the grounds urged by the assessee on merits. Accordingly, in the interest of natural justice, we are of the view that the assessee should be provided with one more opportunity to present its case properly before the learned CIT(A), Since learned AR submits that the assessee did not receive notices issued by the learned CIT(A). Accordingly, we set aside the order passed by the learned CIT(A) and restore all the issues to his file for adjudicating them on merits, after affording adequate opportunity of being heard to the assessee. We also direct the assessee to fully cooperate with the learned CIT(A) for expeditious disposal of the appeal.
In the result, the appeal filed by the assessee is treated as allowed for statistical purposes.
Pronounced in the open court on 5.7.2023.
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