OMKAR CREDIT SOUHARDA SAHAKARI NIYAMITA,KUMTA vs. ITO, WARD - 2, KARWAR

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ITA 71/PAN/2018Status: DisposedITAT Panaji15 November 2021AY 2012-133 pages
AI SummaryRemanded

What did the Tribunal hold?

The Tribunal found the CIT(A)'s order to be ex-parte and that the assessee's rights were not adjudicated. Therefore, the Tribunal set aside the CIT(A)'s order and restored the matter to the file of the AO for adjudication.

What were the facts?

The assessee's appeal against an ex-parte order of the CIT(A) was heard. The assessee requested one final opportunity to present its case on merits before the CIT(A).

What were the issues?

Whether an ex-parte order by the CIT(A) should be set aside to provide the assessee with an opportunity to present its case on merits.

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, PANAJI

Before: SHRI INTURI RAMA RAO & SHRI S.S. VISWANETHRA RAVI

For Appellant: Shri Parameshwar Bhat
For Respondent: Shri Sourabh Nayak

आदेश / ORDER

PER S.S. VISWANETHRA RAVI, JM :

1.

This appeal by the assessee against the order dated 01-12-2017 passed by the Commissioner of Income Tax (Appeals)-10, Bengaluru [‘CIT(A)’] for assessment year 2012-13.

2.

At the outset, the ld. AR submitted that the order passed by the ld. CIT(A) is an ex-parte order basing on statement of facts and grounds of appeal as per Form-35 and contended no consideration was given to merits of the case. The ld. AR prayed that one final opportunity may be provided to the assessee so that the matter may be discussed and represented on merits before the ld. CIT(A) and restore the file to ld. CIT(A).

3. On the other hand, the Ld. DR submitted that once the appeal is decided as per material available on record, there was no need for the assessee to again go back to the file of ld. CIT(A) in view of reasonable opportunity given by the ld. CIT(A).

4.

We have perused the case record and heard the rival contentions and also have given thoughtful consideration to the order passed by the ld. CIT(A). We find that it is an ex-parte order where rights and liabilities of the assessee were not adjudicated upon. Since there was no appearance on record by the assessee and order of ld. CIT(A) was based only on i.e. statement of facts, grounds of appeal filed by the assessee and the assessment order, in our opinion, the assessee should be given one final opportunity to defend its case through proper documentary evidences. In the interest of justice, we therefore, set aside the order of ld. CIT(A) and restore the matter to the file of AO for adjudication to decide the claims after providing reasonable opportunity of hearing to the assessee and at the same time, the assessee is directed to present itself through its representative before the AO immediately on receipt of this order to represent its case on merits.

5.

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

Order pronounced in the open court on 15th November, 2021.

Sd/- Sd/- (Inturi Rama Rao) (S.S. Viswanethra Ravi) ACCOUNTANT MEMBER JUDICIAL MEMBER ऩुणे / Pune; ददनाांक / Dated : 15th November, 2021. RK आदेश की प्रनिलऱपप अग्रेपषि / Copy of the Order forwarded to : अऩीऱाथी / The Appellant. 1. प्रत्यथी / The Respondent. 2. 3. The CIT(A)-10, Bengaluru 4. The Pr. CIT, Mangalore ववभागीय प्रतततनधध, आयकर अऩीऱीय अधधकरण, ऩणजी, 5. / DR, ITAT, Panaji. गार्ड फ़ाइऱ / Guard File. 6. //सत्यावऩत प्रतत// True Copy// आदेशानुसार / BY ORDER,

तनजी सधिव / Private Secretary, आयकर अऩीऱीय अधधकरण, ऩुणे / ITAT, Pune

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