LALSAB BANDU MULANI,RATNAGIRI vs. INCOME-TAX OFFICER, WARD-2, RATNAGIRI

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ITA 1084/PUN/2023Status: DisposedITAT Pune01 November 2023AY 2017-184 pages
AI SummaryRemanded

What did the Tribunal hold?

The Tribunal held that it would be just and fair to set aside the ex parte order of the CIT(A) and remit the matter back for a fresh hearing. The assessee was granted liberty to present fresh evidence.

What were the facts?

The assessee filed a return declaring income of Rs. 3,65,660, but the assessment was completed at Rs. 14,99,660. The assessee's first appeal before the CIT(A) was dismissed ex parte.

What were the issues?

Whether the ex parte dismissal of the appeal by the CIT(A) was justified and if the assessee should be granted a fresh opportunity to be heard.

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, PUNE BENCH “SMC”, PUNE

Before: SHRI R.S. SYAL

For Appellant: Shri Anup Shaha
For Respondent: Shri Rajesh Gawali

Assessee by Shri Anup Shaha Revenue by Shri Rajesh Gawali Date of hearing 01-11-2023 Date of pronouncement 01-11-2023 आदेश / ORDER PER R.S. SYAL, VP : This appeal by the assessee is directed against the order dated 06.09.2023 passed by the CIT(A) in National Faceless Appeal Centre (NFAC), Delhi in relation to assessment year 2017-18.

2.

The factual matrix of the case is that the assessee filed his return declaring total income at Rs.3,65,660/-. The assessment was completed at total income of Rs.14,99,660/-. The assessee preferred first appeal before the ld. CIT(A), which came to be dismissed ex parte qua the assessee.

3.

I have heard the rival contentions and perused the relevant material on record. It is seen that the ld. CIT(A) passed the impugned order ex parte. The ld. AR submitted that the assessee was prevented by sufficient cause from putting in appearance during the first appellate proceedings. He requested for a fresh opportunity of hearing. In view of the above factual background prevailing in the extant case, I am of the opinion that it would be just and fair if the impugned order is set-aside and the matter is remitted to the file of the ld. CIT(A) with a direction to pass order afresh as per law after allowing a reasonable opportunity of hearing to the assessee. I order accordingly. Needless to say, the assessee will be at liberty to lead any fresh evidence in support of his point of view in the fresh appellate proceedings.

4.

In the result, appeal is allowed for statistical purposes. Order pronounced in the Open Court on 01st November, 2023.

Sd/- (R.S.SYAL) उपाध्यक्ष/ VICE PRESIDENT पुणे Pune; ददिधांक Dated : 01st November, 2023 GCVSR आदेश की प्रतितिति अग्रेतिि/Copy of the Order is forwarded to: अपीलार्थी / The Appellant; 1. 2. प्रत्यर्थी / The Respondent 3. The concerned Pr.CIT, Pune 4. DR, ITAT, „SMC‟ Bench, Pune 5. गार्ड फाईल / Guard file. आदेशानुसार/ BY ORDER, // True Copy // Senior Private Secretary आयकर अपीलीय अधिकरण ,पुणे / ITAT, Pune

Date 1. Draft dictated on 01-11-2023 Sr.PS 2. Draft placed before author 01-11-2023 Sr.PS 3. Draft proposed & placed before - JM the second member 4. Draft discussed/approved by - JM Second Member. 5. Approved Draft comes to the Sr.PS Sr.PS/PS 6. Kept for pronouncement on Sr.PS 7. Date of uploading order Sr.PS 8. File sent to the Bench Clerk Sr.PS 9. Date on which file goes to the Head Clerk 10. Date on which file goes to the A.R. 11. Date of dispatch of Order. *

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