MAHARASHTRA NAGARI SAHAKARI PAT SANSTHA MARYADIT,KOLHAPUR vs. THE INCOME TAX OFFICER, WARD-1(4), KOLHAPUR

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ITA 383/PUN/2023Status: DisposedITAT Pune16 May 2023AY 2017-183 pages
AI SummaryRemanded

What did the Tribunal hold?

The Tribunal held that since both the assessment and appellate orders were passed ex parte, it would be just and fair to set aside the impugned order. The matter was remitted to the AO for a fresh assessment after providing the assessee a reasonable opportunity of hearing.

What were the facts?

The assessee's appeal arose from an ex parte order passed by the CIT(A). The original assessment order was also passed ex parte under Section 144, disallowing a deduction claimed under Section 80P.

What were the issues?

Whether the ex parte nature of both the assessment and appellate orders warrants a remand for a fresh assessment with an opportunity of hearing to the assessee.

Which sections of the Income-tax Act were involved?

Section 144,Section 80P,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 Suresh Gaikwad

आदेश / ORDER

PER R.S. SYAL, VP:

1.

This appeal by the assessee arises out of the ex parte order dated 10-02-2023 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 2017-18.

2.

I have heard the ld. DR and gone through the relevant material on record. There is no appearance from the side of assessee despite notice. I am, therefore, proceeding to dispose the appeal ex parte qua the assessee.

Maharashtra Nagari Sahakari Pat Sanstha Maryadit

3.

It is seen that the assessment order in this case was passed u/s.144 of the Act disallowing the deduction claimed by the assessee u/s.80P amounting to Rs.26,88,537/- under the head ‘Income from other sources’. The ld. CIT(A) also passed the ex parte order in the absence of the assessee. In view of the facts obtaining in the instant case, more specifically, when both the original and appellate orders have been passed ex parte, 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 point of view in the fresh assessment.

4.

In the result, the appeal is allowed for statistical purposes.

Order pronounced in the Open Court on 16th May, 2023.

Sd/- (R.S.SYAL) VICE PRESIDENT पुणे Pune; िदनांक Dated : 16th May, 2023 सतीश

Maharashtra Nagari Sahakari Pat Sanstha Maryadit

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