ASHOK GUPTA (HUF),MUMBAI vs. ITO, WARD-25(2)(1), MUMBAI

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ITA 1235/MUM/2023Status: DisposedITAT Mumbai04 July 2023AY 2010-113 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 appeal to the file of the CIT(A) for adjudication on merits, providing one more opportunity to the assessee. This was subject to the assessee paying a cost of Rs. 1000/- for non-cooperation.

What were the facts?

The assessee's appeal was dismissed by the CIT(A) for non-filing of submissions. The assessee also failed to appear before the Assessing Officer, leading to an ex-parte assessment order under section 144.

What were the issues?

Whether the CIT(A) was justified in dismissing the appeal for non-filing of submissions without adjudicating on merits, and whether the assessee should be granted another opportunity.

Which sections of the Income-tax Act were involved?

Section 144

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, Mumbai “A” Bench, Mumbai.

Before: Shri B.R. Baskaran (AM) & Shri Pavan Kumar Gadale (JM)

For Appellant: Ms. Rashmi Vyas on behalf of Shri Ashok Gupta
For Respondent: Shri Manoj Kumar Sinha
Hearing: 04.07.2023Pronounced: 04.07.2023

The assessee has filed this appeal challenging the order dated 21.2.2023 passed by the learned CIT(A), National Faceless Appeal Centre, Delhi and it relates to A.Y. 2010-11. The assessee is aggrieved by the decision of the learned CIT(A) in dismissing the appeal filed by him on the ground that the assessee did not file submissions before him.

2.

At the time of hearing, an adjournment petition was moved by the assessee requesting the Bench to adjourn the case for fifteen days. However, learned DR pointed that the learned CIT(A) was constrained to pass the order ex-parte since the assessee did not appear before him. The Learned DR also submitted that the assessee has also not appeared before the Assessing Officer also and hence the Assessing Officer was constrained to pass the order to the best of his Judgment under section 144 of the Act.

2 Ashok Gupta HUF

3.

We heard learned DR and perused the record. We noticed that the learned CIT(A) has dismissed the appeal of the assessee without adjudicating the grounds on merit. We also noticed that the assessee has not cooperated with the tax authorities during the course of assessment proceedings as well as appellate proceedings. Accordingly, in the interest of 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). However the same will be at a cost, since the assessee was not co-operating with the tax authorities. Accordingly, we impose a cost of Rs. 1000/- (Rupees One Thousand Only) upon the assessee, which shall be paid to the credit of income tax department as ‘other fees’ within the two months from the date of receipt of this order. Subject to the payment of above said cost, which shall be verified by the learned CIT(A), all the issues urged before us are restored to the file of the learned CIT(A) for adjudicating them on merits. We also direct the assessee to fully cooperate with the learned CIT(A) for expeditious disposal of the appeal. Needless to mention that the assessee should be provided with adequate opportunity of being heard.

4.

In the result, appeal filed by the assessee is treated as allowed for statistical purposes.

Pronounced in the open court on 4.7.2023.

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