MAZI SAINIK SANGH PANDHARPUR,PANDHARPUR vs. INCOME TAX OFFICER (EXEMPTION), WARD-1(2), PUNE, PUNE
What did the Tribunal hold?
The Tribunal set aside the CIT(A)'s order and remitted the matter back for a fresh decision. The assessee is to be granted a reasonable opportunity of hearing and liberty to lead fresh evidence.
What were the facts?
The assessee's appeal before the CIT(A) was dismissed ex parte due to non-compliance. The assessment order treated the assessee as an AOP and computed income at the maximum marginal rate.
What were the issues?
Whether the CIT(A) was justified in dismissing the appeal ex parte without granting a reasonable opportunity to the assessee. Whether the assessee should be allowed to present fresh evidence.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, SMC BENCH, PUNE
Before: SHRI R.S. SYAL
आदेश / ORDER
PER R.S. SYAL, VP:
This appeal by the assessee arises out of the ex parte order dated 31-01-2023 passed by the CIT(A) in National Faceless Appeal Centre, Delhi u/s.250 of the Income-tax Act, 1961 (hereinafter also called ‘the Act’) in relation to the assessment year 2016-17.
I have heard the ld. DR and gone through the relevant material on record. 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.
It is seen that the assessment order in this case was passed u/s.143(3) of the Act assessing total income at Rs.3,44,383/-, treating the assessee an AOP and computing the tax at maximum marginal rate. The ld. CIT(A), in para 5.5 of the impugned order, noted that the assessee trust was awarded several opportunities to furnish the relevant information along with documentary evidence. However, the assessee did not respond. Accordingly, the ex-parte order qua the assessee was passed dismissing the appeal.
Considering the entirety of facts and circumstances, 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 its defence.
In the result, the appeal is allowed for statistical purposes. Order pronounced in the Open Court on 07th June, 2023.
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