DEPENDABLE TRANSPORT P.LTD,NEW DELHI vs. ITO, WARD-7(1), NEW DELHI
What did the Tribunal hold?
The Tribunal found that the CIT(A)'s order lacked the statutory requirements of setting out points for determination, decisions, and reasons. Therefore, the impugned order was set aside.
What were the facts?
The assessee's appeal before the CIT(A) was dismissed ex-parte for non-representation. The assessee claimed to have filed an adjournment letter electronically, which may have gone unnoticed.
What were the issues?
Whether the CIT(A) followed the mandatory procedural requirements under Section 250(6) of the Act when passing an ex-parte order. Whether the assessee was provided a reasonable opportunity of being heard.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
Cases cited in this judgment(2)Show listHide list
Detected automatically from the text. Citations are also linked where they appear in the judgment. The count shows how many other judgments on BharatTax rely on the same authority.
- CIT v. Multiplan India Ltd.2,267 citing38 ITD 320 · 1991 · ITAT
- CIT v. B.N. Bhattacharya & Another1,656 citing118 ITR 461 · 1997 · SC
Income Tax Appellate Tribunal, DELHI BENCH, ‘B’: NEW DELHI
Before: SMT. DIVA SINGH & SHRI PRADIP KUMAR KEDIA
ORDER PER DIVA SINGH, JM,
The present appeal has been filed by the assessee wherein the correctness of the order dated 13.01.2020 of CIT(A)-3, New Delhi pertaining to 2011-12 assessment year is assailed. At the time of hearing, an adjournment was moved on behalf of the assessee. Considering the fact that the impugned order is ex-parte order, it was passed over.
In the next round, the Ld. AR was required to address why the assessee remained unpresented before the Ld. CIT(A) on the specific date.
Attention of the Ld. AR was invited to the following ground raised in the appeal.
“1. That the order dated 13.01.2020 passed u/s 250 of the Act by the Ld. Commissioner of Income-Tax (Appeals)-03, New Delhi is against law and facts on the file in as much as he was not justified in passing the order and dismissing the appeal without giving an opportunity of being heard to the Appellant Company on the ground that, allegedly, it has not availed the opportunities provided to it and in particular holding that there was no compliance on 07.01.2020 whereas the fact of the matter is that a letter seeking adjournment was duly filed electronically.”
Mr. Lakshya Budhiraja, C.A. appearing on behalf of the assessee, stated his inability to address this fact and instead requested for adjournment. The said request was rejected, the reasons for rejection of the adjournment request are set-out hereinafter.
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