OMALUR PRIMARY AGRICULTURAL COOP CREDIT SOCIETY LTD.,CHENNAI vs. ITO, WARD 1(6), SALEM

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ITA 571/CHNY/2023Status: DisposedITAT Chennai26 June 2023AY 2018-194 pages
AI SummaryRemanded

What did the Tribunal hold?

The Tribunal held that the PCIT passed the order without providing a reasonable opportunity of hearing to the assessee, violating the principles of natural justice. Therefore, the matter was restored to the PCIT for reconsideration.

What were the facts?

The assessee's assessment order was set aside by the Principal Commissioner of Income Tax (PCIT) under Section 263. The assessee had requested an adjournment, which was allegedly ignored by the PCIT before passing the revision order.

What were the issues?

Whether the PCIT erred in passing a revision order under Section 263 without affording a reasonable opportunity of hearing to the assessee.

Which sections of the Income-tax Act were involved?

Section 263,Section 143(3)

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, ‘A’ BENCH, CHENNAI

Before: SHRI V. DURGA RAO, HON’BLE & SHRI MANJUNATHA. G, HON’BLE

Hearing: 26.06.2023Pronounced: 26.06.2023

आदेश /O R D E R

PER MANJUNATHA. G, ACCOUNTANT MEMBER:

1.

This appeal filed by the assessee is directed against the order of the learned Principle Commissioner of Income Tax. Coimbatore-1, passed u/s. 263 of the Income-tax Act, 1961 (hereinafter referred to as “the Act”), dated 09.03.2023 and pertains to assessment year 2018-19.

:-2-: ITA. No: 571/Chny/2023 2. The brief facts of the case are that, the assessee has filed its return of income for the assessment year 2018-19 on 28.03.2019, admitting total income of Rs. Nill. The assessment has been completed u/s. 143(3) of the Act, on 12.02.2021 by accepting the returned income. The case has been subsequently taken up for revision proceedings and accordingly notice u/s. 263 of the Act, dated 01.03.2023 was issued and fixed the case for hearing on 08.03.2023. The assessee filed petition for adjournment of hearing on 03.03.2023 through e-portal, but the PCIT passed order u/s. 263 of the Act, on 09.03.2023 by ignoring adjournment petition filed by the assessee and set aside the assessment order passed by the Assessing Officer with the direction to the Assessing Officer to redo the assessment in accordance with directions given in the order passed u/s. 263 of the Act. Aggrieved by the PCIT order, the assessee is in appeal before us.

3.

The Ld. Counsel for the assessee, referring to show cause notice dated 01.03.2023 and adjournment request filed by the assessee on 03.03.2023 submits that, the PCIT passed order u/s. 263 of the Act on 09.03.2023 by ignoring adjournment

:-3-: ITA. No: 571/Chny/2023 petition filed by the assessee on 03.03.2023, without providing reasonable opportunity of hearing to the assessee. Therefore, one more opportunity of hearing may be given to the assessee to explain its case.

4.

The ld. DR, on the other hand fairly agreed that the matter may be set aside to the file of the PCIT to give one more opportunity of hearing to the assessee.

5.

We have heard both the parties and considered relevant material available on record. We find that although, the appellant had sought adjournment by filing the request on 03.03.2023 through e-portal, but the PCIT passed order u/s. 263 of the Act on 09.03.2023, by ignoring adjournment petition filed by the assessee. From the above, it is very clear that the PCIT has passed order without providing reasonable opportunity of being heard to the assessee, in violation of principle of natural justice. Therefore, we are of the considered view that the issue needs to go back to the file of the PCIT to provide reasonable opportunity of hearing to the assessee and thus, we set aside the order passed by the PCIT u/s. 263 of the Act and restore the issue to the file of the PCIT

:-4-: ITA. No: 571/Chny/2023 to reconsider the issue in accordance with law, after providing reasonable opportunity of hearing to the assessee.

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