MADHVRAO ANNARAO BARGE,LATUR vs. INCOME TAX OFFICER, WARD-2, LATUR, LATUR

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ITA 1008/PUN/2023Status: DisposedITAT Pune09 October 2023AY 2012-133 pages

In favour of the assessee: the assessee's appeal was allowed. From the AI summary of this appeal.

AI SummaryAllowed

What did the Tribunal hold?

The Tribunal condoned the delay in filing the appeal. It set aside the ex parte orders passed by the lower authorities and remitted the matter back to the Assessing Officer for fresh assessment.

What were the facts?

The assessee's appeal was filed late by 111 days. Both the assessment order and the first appellate order were passed ex parte, meaning in the absence of the assessee.

What were the issues?

Whether the ex parte assessment and appellate orders passed without affording a reasonable opportunity of hearing to the assessee are valid. The issue of delay in filing the appeal was also considered.

Which sections of the Income-tax Act were involved?

Section 144,Section 147,Section 250

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, SMC BENCH, PUNE

Before: SHRI R.S. SYAL

For Appellant: Smt. J.R. Chandekar
For Respondent: Smt. Neha Deshpande

आदेश / ORDER

PER R.S. SYAL, VP:

1.

This appeal by the assessee arises out of the ex parte order dated 24-03-2023 passed by the National Faceless Appeal Centre (NFAC), Delhi u/s.250 of the Income-tax Act, 1961 (hereinafter also called ‘the Act’) in relation to the assessment year 2012-13.

2.

This appeal is time barred by about 111 days. The assessee has filed an affidavit stating the reasons which led to the late filing. I am satisfied with the reasons so stated. Therefore, the delay is condoned and the instant appeal is admitted for disposal on merits.

3.

Heard the rival submissions and perused the relevant material on record. It is seen that the assessment order in this case was passed u/s.144 r.w.s.147 of the Act determining total income at Rs.19,15,000/-. The ld. CIT(A) also passed ex parte order in the absence of the assessee. In view of the facts obtaining in the instant case where both the assessment as well as the first appellate orders have been passed in the absence of the assessee, 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 AO with a direction to pass the assessment 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 case in the fresh assessment.

4.

In the result, the appeal is allowed for statistical purposes. Order pronounced in the Open Court on 09th October, 2023.

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