SHRI SATENDRA KOUSHIK,JAIPUR vs. INCOME TAX OFFICER, WARD-2, JHUNJHUNU

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ITA 391/JPR/2019Status: DisposedITAT Jaipur03 September 2020AY 2011-123 pages
AI SummaryRemanded

What did the Tribunal hold?

The Tribunal found that the CIT(A) had not decided the matter on merits and the assessee deserved another opportunity. Therefore, the matter was set aside to the CIT(A) for fresh examination.

What were the facts?

The assessee's appeal was against the CIT(A)'s order confirming a disallowance. The assessee did not appear for hearings before the CIT(A) and the ITAT, seeking adjournments. The CIT(A) decided the matter summarily without deciding on merits.

What were the issues?

Whether the CIT(A) properly adjudicated the appeal on merits when the assessee failed to appear. Whether the assessee should be granted another opportunity to present their case.

Which sections of the Income-tax Act were involved?

Section 143(3),Section 69C

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, JAIPUR BENCHES, JAIPUR

Before: SHRI VIJAY PAL RAO, JM & SHRI VIKRAM SINGH YADAV, AM vk;dj vihy la-@ITA No. 391/JP/2019

Hearing: 01/09/2020Pronounced: 03/09/2020

आयकर अपीलीय अधिकरण] जयपुर न्यायपीठ] जयपुर IN THE INCOME TAX APPELLATE TRIBUNAL, JAIPUR BENCHES, JAIPUR Jh fot; iky jko] U;kf;d lnL; ,oa Jh foØe flag ;kno] ys[kk lnL; ds le{k BEFORE: SHRI VIJAY PAL RAO, JM & SHRI VIKRAM SINGH YADAV, AM vk;dj vihy la-@ITA No. 391/JP/2019 fu/kZkj.k o"kZ@Assessment Year :2011-12 cuke Shri Satendra Koushik ITO, Vs. M/s S. S. Properties Ward-02, Gole Market, Khetri Road Jhunjhunu Chirawa, Jhunjhunu LFkk;h ys[kk la-@thvkbZvkj la-@PAN/GIR No.: AHMPK5188J vihykFkhZ@Appellant izR;FkhZ@Respondent fu/kZkfjrh dh vksj ls@ Assessee by : None jktLo dh vksj ls@ Revenue by : Ms. Chanchal Meena (Add.CIT) lquokbZ dh rkjh[k@ Date of Hearing : 01/09/2020 mn?kks"k.kk dh rkjh[k@Date of Pronouncement: 03/09/2020 vkns'k@ ORDER PER: VIKRAM SINGH YADAV, A.M.

This is an appeal filed by the assessee against the order of ld. CIT(A)-3 Jaipur dated 26.02.2019 for Assessment Year 2011-12 confirming the disallowance/addition amounting to Rs 405,580/- in terms of order passed by the Assessing officer u/s 143(3) of the Act.

2.

The hearing of the matter was scheduled through video conferencing in view of the ongoing Covid-19 pandemic situation prevailing in the country. None has appeared on behalf of the assessee. However, an adjournment application was received by the Registry wherein the assessee has sought adjournment in the matter. Sh. Satendra Koushik, Jhunjhunu Vs. ITO, Jhunjhunu 3. The ld. DR drawn our reference to the order of ld. CIT(A) and submitted that on number of occasions, the assessee was provided reasonable opportunity by the ld. CIT(A) but the assessee has either sought adjournment or has not attended to the appellate proceedings. It was accordingly submitted that more than adequate opportunity has been provided by the ld. CIT(A) and the matter has accordingly been decided by the ld CIT(A) and the same should therefore be confirmed.

4.

We have heard the ld DR and purused the material available on record. We find that the matter has been listed for hearing on couple of occasions by the ld CIT(A) and has been adjourned from time to time at the request of the AR and on the last date of hearing, none has attended. We believe that the assessee cannot sit back and relax merely by filing his appeal and needs to be vigilant and responsive to attend to the notices issued by the appellate authorities and non-attending to the proceedings and responding to the notices cannot be encouraged as the same burdened and clogs the judicial system. At the same time, we find that the AO has disallowed a sum of Rs 3,37,500/- incurred by the assessee towards purchase of an immoveable property and further, a sum of Rs 68,080 has been brought to tax u/s 69C of the Act, however, there is no finding recorded by the ld CIT(A) in respect of both these matters and the matter has been decided by the ld CIT(A) summarily without deciding on merits. We therefore find that no useful purpose would be served in adjourning the matter any further. Iin the interest of justice and fair play, we however believe that the assessee deserves one more opportunity to put forth his arguments and contentions and we accordingly set aside the matter to the file of the ld. CIT(A) to examine the matter afresh after providing reasonable opportunity to the assessee. The assessee/A/R is also directed to appear before the ld. CIT(A) and file the necessary information and documentation in support of his Sh. Satendra Koushik, Jhunjhunu Vs. ITO, Jhunjhunu contentions, as so advised and ensure in timely completion of the proceedings.

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

Order pronounced in the open Court on 03/09/2020.

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