SHRI RANJEET KUMAR,BETTIAH vs. ITO, WARD-1(5), BETTIAH

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ITA 210/PAT/2024Status: DisposedITAT Patna31 December 2024AY 2017-183 pages
AI SummaryRemanded

What did the Tribunal hold?

The Tribunal set aside the order of the CIT(Appeals) to ensure 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 failed to appear before the Assessing Officer, CIT(Appeals), and the ITAT despite notices. The Assessing Officer passed an ex-parte assessment order under section 144 read with section 147.

What were the issues?

Whether the assessee was provided adequate opportunity to present their case before the revenue authorities. The need to adhere to the principle of natural justice when an assessee remains absent.

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)

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 24th November, 2023 passed for Assessment Year 2017-18.

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. 2017-2018) Ranjeet Kumar 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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