JAI INDUSTRIES,NASHIK vs. ITO, WARD 1(3), NASHIK

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ITA 2372/PUN/2017Status: DisposedITAT Pune24 June 2020AY 2013-144 pages
AI SummaryRemanded

What did the Tribunal hold?

The Tribunal found that the CIT(A) had dismissed the appeal primarily for non-attendance without granting adequate opportunity. The Revenue did not seriously object to providing a hearing.

What were the facts?

The assessee's appeal before the CIT(A) was dismissed ex-parte due to non-attendance. The assessee challenged this order, citing lack of proper opportunity for hearing and the CIT(A)'s refusal to condone the delay in filing the appeal.

What were the issues?

Whether the CIT(A) erred in dismissing the appeal ex-parte without providing a proper opportunity of hearing to the assessee.

Which sections of the Income-tax Act were involved?

Not specified

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, PUNE BENCH “B”, PUNE – VIRTUAL COURT

Before: SHRI R.S. SYAL & SHRI PARTHA SARATHI CHAUDHURY

For Appellant: Shri Pramod Shingte
For Respondent: Shri Alok Malviya

Assessee by Shri Pramod Shingte Revenue by Shri Alok Malviya Date of hearing 24-06-2020 Date of pronouncement 24-06-2020 आदेश / ORDER PER R.S.SYAL, VP : This appeal by the assessee arises out of the order passed by the CIT(A)-1, Nashik on 01-08-2017 in relation to the assessment year 2013-14.

2.

The assessee has challenged the passing of the ex-parte order without granting proper opportunity of hearing. In addition, the assessee, in the memorandum of appeal, is also aggrieved by the order passed by the ld. CIT(A) in not condoning the delay in filing the appeal before him.

3.

We have heard both the sides through virtual hearing and gone through the relevant material on record. The ld. AR reiterated the grounds of not condoning the delay and granting adequate opportunity of hearing by the first appellate authority in deciding the issue to the prejudice of the assessee. He pressed for the principles of natural justice and requested for the grant of adequate opportunity of hearing by the ld. first appellate authority. It is seen that the ld. CIT(A) dismissed the appeal of the assessee primarily for non-attendance. The ld. DR did not seriously object to the contention raised on behalf of the assessee for the ld. CIT(A) giving opportunity of hearing to the assessee before disposal of the appeal.

4.

In view of the aforenoted facts obtaining in the extant case and the ld. DR not raising any serious objection to the granting of opportunity of hearing to the assessee, we are 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 dispose of the appeal afresh on merits as per law after allowing a reasonable opportunity of hearing to the assessee. We order accordingly.

5.

In the result, the appeal is allowed for statistical purposes. Order pronounced in the Open Court on 24th June, 2020.

Sd/- Sd/- (PARTHA SARATHI CHAUDHURY) (R.S.SYAL) JUDICIAL MEMBER VICE PRESIDENT पपणे Pune; ददिधांक Dated : 24th June, 2020 GCVSR आदेश की प्रनिनिनप अग्रेनषि/Copy of the Order is forwarded to: अपऩिधर्थी / The Appellant; 1. 2. प्रत्यर्थी / The Respondent; 3. The CIT(A)-1, Nashik 4. The Pr. CIT-1, Nashik विभागीय प्रविविवि, आयकर अपीलीय अविकरण, पुणे 5. “बी” / DR „B‟, ITAT, Pune गार्ड फाईल / Guard file 6. आदेशधिपसधर/ BY ORDER, // True Copy // Senior Private Secretary आयकर अपीलीय अविकरण ,पुणे / ITAT, Pune

Date 1. Draft dictated on 24-06-2020 Sr.PS 2. Draft placed before author 24-06-2020 Sr.PS 3. Draft proposed & placed JM before the second member 4. Draft discussed/approved JM by Second Member. 5. Approved Draft comes to Sr.PS the Sr.PS/PS 6. Kept for pronouncement on Sr.PS 7. Date of uploading order Sr.PS 8. File sent to the Bench Clerk Sr.PS 9. Date on which file goes to the Head Clerk 10. Date on which file goes to the A.R. 11. Date of dispatch of Order. *

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