BIRJU SINGH,PATNA vs. ITO, WARD- 6(5), PATNA

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ITA 367/PAT/2023Status: DisposedITAT Patna31 December 2024AY 2013-143 pages
AI SummaryRemanded

What did the Tribunal hold?

The Tribunal set aside the order of the CIT(Appeals) to uphold the principle of natural justice. The matter was remitted back to the CIT(Appeals) to provide one more opportunity of being heard to the assessee.

What were the facts?

The assessee did not participate in assessment proceedings, leading to an ex-parte order under Section 144 read with Section 147. The assessee also failed to appear before the CIT(Appeals) and the ITAT despite notices.

What were the issues?

Whether the assessee was denied natural justice due to non-participation in proceedings and whether the matter should be remanded for a fresh hearing.

Which sections of the Income-tax Act were involved?

Section 144,Section 147

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, KOLKATA-PATNA ‘e-COURT’, KOLKATA

Before: Shri Duvvuru RL Reddy, Vice-(KZ)

Assessment Year: 2013-2014 Birju Singh,……………………………...…………Appellant Nainchak, Kothawan, Patna-801105, Bihar [PAN:BNQPS9033M -Vs.- Income Tax Officer,…..………………………...Respondent Ward-6(5), Patna Appearances by: N o n e, appeared on behalf of the assessee Shri Ashwani Kr. Singal, JCIT, appeared on behalf of the Revenue Date of concluding the hearing: December 02, 2024 Date of pronouncing the order: December 31, 2024 O R D E R

The present appeal is directed at the instance of assessee against the order of ld. Commissioner of Income Tax (Appeals), National Faceless Appeal Centre (NFAC), Delhi dated 28th October, 2023 passed for Assessment Year 2013-14.

2.

At the outset, ld. D.R. brought to my notice that the assessee did not participate during the assessment proceedings. Therefore, the ld. Assessing Officer passed the assessment order under section 144 read with section 147 of the Act. Thereafter the (A.Y. 2013-2014) Birju Singh assessee preferred an appeal before the ld. CIT(Appeals). The ld. CIT(Appeals) has given many opportunities to the assessee and the assessee neither filed written submission nor any evidence before the ld. CIT(Appeals). He further submitted that before the ITAT, inspite of service of notice, the assessee did not turn up to substantiate his case before the Tribunal. Therefore, he pleaded to uphold the orders passed by the revenue authorities.

3.

I have heard the ld. D.R. and perused the material available on record. It is an admitted fact that the assessee neither appeared before the ld. Assessing Officer nor before the ld. CIT(Appeals). The assessee did not appear before the Tribunal. Considering the facts and circumstances of the case, I am inclined to set aside the order passed by the ld. CIT(Appeals) in order to meet the principle of natural justice, and remit the matter back to the file of ld. CIT(Appeals) with a direction to provide one more opportunity of being heard to the assessee. At the same breath, I also hereby caution the assessee to promptly co-operate with the proceedings before the Ld. CIT(Appeals) failing which the Ld. CIT(Appeals) shall be at liberty to pass appropriate order in accordance with law and merits based on the materials available on the record. Thus, the grounds raised

by the assessee are allowed for statistical purposes.

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