SHRI PRABHAKAR KACHARU NIRBHAWANE,NASHIK vs. INCOME TAX OFFICER, WARD-2(3), PUNE, PUNE

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ITA 1010/PUN/2023Status: DisposedITAT Pune09 October 2023AY 2012-133 pages
AI SummaryRemanded

What did the Tribunal hold?

The Tribunal set aside the ex parte order and remitted the matter back to the CIT(A). The CIT(A) was directed to decide the appeal afresh after giving the assessee a reasonable opportunity of hearing.

What were the facts?

The assessee's appeal was dismissed ex parte by the CIT(A) for non-prosecution. The assessee claimed they were unaware of the notices due to an incorrect email ID registration.

What were the issues?

Whether the ex parte dismissal of an appeal for non-prosecution is justified when the assessee claims lack of awareness of notices due to technical reasons.

Which sections of the Income-tax Act were involved?

Section 250,Section 143(3),Section 147

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, SMC BENCH, PUNE

Before: SHRI R.S. SYAL

For Appellant: Shri Sanket Joshi
For Respondent: Smt. Neha Deshpande

This appeal by the assessee arises out of the ex parte order dated 11-08-2023 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.

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.143(3) r.w.s.147 of the Act determining total income at Rs.21,09,720/-. The ld. CIT(A) noted vide para No.5.5 of the impugned order that: “ Based on the above it appears that the assessee is not keen on pursuing the appeal. Accordingly given that this office has not received any information or document so as to make a judgment based on merits, this office is left with no option but to dismiss this appeal. Accordingly the appeal of the assessee stands dismissed”. He, thus dismissed the appeal of the assessee for non- prosecution. The ld. AR submitted that the assessee’s case was not represented before the ld. first appellate authority because of registration of the e-mail id of the son of the assessee, which remained unnoticed. As such, the assessee was not aware of the notices. He thus prayed for granting another opportunity. In view of the facts obtaining in the instant 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 decide the appeal 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 proceedings .

3.

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

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