M/S. RICH CAM AUTO ENGINEERING(INDIA) PRIVATE LIMITED,PUNE vs. THE INCOME TAX OFFICER, WARD-10 (1), PUNE

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ITA 581/PUN/2023Status: DisposedITAT Pune27 June 2023AY 2013-143 pages
AI SummaryRemanded

What did the Tribunal hold?

The ITAT set aside the CIT(A)'s ex-parte order and remanded the matter back for a fresh adjudication. The assessee was granted one final opportunity to present its case on merits before the CIT(A).

What were the facts?

The assessee's appeal was heard ex-parte by the CIT(A) as the assessee did not appear. The CIT(A) passed an order based on the documents filed, without adjudicating on merits. The assessee appealed this order to the ITAT.

What were the issues?

Whether an ex-parte order passed by the CIT(A) without a proper adjudication on merits violates principles of natural justice and warrants a remand.

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, PUNE „B‟ BENCHES :: PUNE

For Respondent: Shri M.G. Jasnani, DR
Hearing: 26/06/2023Pronounced: 27/06/2023

M/s. RichCAM Auto vs ITO, Ward-10(1), Engineering (India) Pvt. Ltd., Pune. Gat No.255, Opp. Modern College, Behind JBT Company, Saste Patil Nagar, Moshi-Dehu Road, Moshi Pune. PAN: AAECR 9121 J Appellant Respondent Assessee by : None. Revenue by : Shri M.G. Jasnani, DR Date of hearing : 26/06/2023 Date of pronouncement : 27/06/2023 O R D E R Per PARTHA SARATHI CHAUDHURY, JM:

This appeal preferred by the assessee emanates from the order of National Faceless Appeal Centre [NFAC], Delhi (for short, „CIT(A)‟), dated 17.03.2023 as per the grounds of appeal on record.

2.

Despite service of notice, none appeared on behalf of the assessee nor any application for adjournment is filed.

3.

We have heard Ld. DR and perused the material available on record. We find that the Ld.CIT (Appeals) has passed an ex-parte order and the rights and liabilities of the parties herein were not M/s. RichCAM Auto Engineering (I) Pvt. Ltd. adjudicated on merits. That on perusal of Para 4.1 of the CIT(Appeals)‟s order, it is seen that the assessee through its authorised representative have not appeared. However, some documents were filed by the assessee.

4.

That further it is evident from Paras 4 to 6 of the order of the Ld. CIT(Appeals) that he has decided the appeal on the basis of documents and material available on record i.e. Form 35 with annexures, statement of facts and grounds of appeal. The process of judicial adjudication requires Quasi-Judicial authority to adjudicate the case on merits and come out with a speaking order. In the present case, the Ld. CIT(Appeals) was unable to do so because of the evasive nature of the assessee. However, keeping in mind the principles of natural justice and the very fact, the Income Tax Act is welfare legislation; we are of the considered view that one final opportunity should be given to the assessee to represent its case on merits. Therefore, the assessee is directed to present itself through its authorised representative before the Ld. CIT(Appeals) immediately on receipt of this order along with relevant/necessary documents to present its case on merits before the Ld. CIT(Appeals) and he shall adjudicate the same by passing a speaking order while complying with the principles of natural justice. Issuance of any further notice to assessee is dispensed with. In view of the aforesaid directions, we set

M/s. RichCAM Auto Engineering (I) Pvt. Ltd. aside the order of the Ld. CIT(Appeals) and remand the matter back to his file. 5. In the result, appeal of the assessee is allowed for statistical purposes. Order pronounced in open Court on 27th June, 2023.

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