JAYANT NARAYAN SHRIKHANDE,PUNE vs. INCOME TAX OFFICER, WARD-9(4), PUNE, PUNE

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ITA 994/PUN/2023Status: DisposedITAT Pune03 October 2023AY 2010-113 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 set aside the impugned ex parte order and restored the matter to the Assessing Officer for a fresh assessment. The assessee will be given a reasonable opportunity of hearing and liberty to lead evidence.

What were the facts?

The assessee did not appear before the ITAT, leading to an ex parte order. The assessment was also made ex parte, and the first appeal was dismissed in limine due to the assessee's non-participation.

What were the issues?

Whether the ex parte assessment and appellate orders should be upheld when the assessee was not provided a reasonable opportunity of hearing.

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 Respondent: Shri Kumar Arvind Bhardwaj

आदेश / ORDER

PER R.S. SYAL, VP:

1.

This appeal by the assessee arises out of the ex parte order dated 31-08-2023 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 2010-11.

2.

There is no appearance from the side of the assessee despite notice. I am, therefore, proceeding to dispose of the appeal ex parte qua the assessee.

3.

After hearing the ld. Departmental Representative and perusing the relevant material on record, it is seen that the assessment in this case was made u/s.144 r.w.s.147 of the Act assessing total income at Rs.36,32,072/-. In the absence of the assessee’s participation in the first appellate proceedings, the ld.CIT(A) also dismissed the appeal of the assessee in limine. It is therefore, ostensible that not only the assessment was made ex parte , but the first appeal also came to be dismissed ex parte. In the hue of above factual panorama, I am of the considered opinion that it would be just and fair if the impugned order is set aside and the matter is restored to the file of the AO for passing a fresh assessment order, after allowing a reasonable opportunity of hearing to the assessee. I order accordingly. In such fresh proceedings, the assessee will be at liberty to lead any evidence as he considers expedient for the case.

4.

In the result, the appeal is allowed for statistical purposes. Order pronounced in the Open Court on 03rd October, 2023.

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