SAIKIA AUTO PRIVATE LIMITED,NOTH LAKHIMPUR vs. DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE-TEZPUR, TEZPUR

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ITA 414/GTY/2019Status: DisposedITAT Guwahati26 June 2020AY 2014-153 pages
AI SummaryRemanded

What did the Tribunal hold?

The Tribunal held that the assessee did not receive a proper opportunity of hearing before the AO and the CIT(A) passed an ex parte order. Following the Supreme Court's decision in Tin Box Company, the matter was restored to the AO for fresh adjudication.

What were the facts?

The assessee filed appeals with a significant delay, which was condoned due to the assessee's serious illness. The Assessing Officer (AO) made additions under Section 154 without providing a proper opportunity of hearing to the assessee.

What were the issues?

Whether the AO and CIT(A) passed orders without affording the assessee a reasonable opportunity of being heard.

Which sections of the Income-tax Act were involved?

Section 154

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Income Tax Appellate Tribunal, GUWAHATI BENCH, “E

Before: Shri A. T. Varkey, JM & Dr. A. L. Saini, AM]

Hearing: 18.06.2020

ORDER Per Shri A.T.Varkey, JM Both these appeals preferred by the assessee are against the separate orders of the Ld. CIT(A), Guwahati-1, dated 15.01.2018 and 19.12.2018 for AYs 2013-14 and 2014-15.

2.

At the outset, it has been brought to our notice that there was a delay of 190 days and 221 days respectively to file appeals before us. We, however, from the perusal of the affidavit and the condonation of delay application, note that the assessee was suffering from serious illness and had undergone prolonged treatment at VNRC Hospital Dispur, Guwahati. Since there is a reasonable cause for delay, we are inclined to condone the delay of the assessee in filing both the appeals and admit the appeals for hearing.

3.

Coming to the appeals, the Ld. AR drew our attention to the fact that the AO had passed an order u/s. 154 of the Income-tax Act, 1961 (hereinafter referred to as the “Act”) and the fact that AO had bothered to issue only one notice and without hearing the assessee has taken note of the failure to deduct tax at source for remuneration paid to the directors of the assessee company has resorted to disallowance by resorting to section 154 of the Act (rectify the mistake) and consequently has made the addition.

4.

According to AO, he fixed the matter on 03.08.2017 vide notice dated 18.07.2017, however, found that assessee did not appear before him, so he passed the section 154 of the Act order dated 11.08.2017. On appeal, the Ld. CIT(A) has dismissed the same ex parte, without going into the merits of the grounds raised by the assessee. Aggrieved, the assessee is before us assailing both the action of Ld. CIT(A) and AO for passing the order without giving proper opportunity of hearing. From the discussion (supra), we note that the assessee did not get proper opportunity before the AO and the Ld. CIT(A) has passed an ex parte order. Therefore, taking note of the decision of Hon’ble Supreme Court in the case of Tin Box Company Vs. CIT (2001) 249 ITR 216 (SC) wherein it was held that in case if the assessee did not get proper opportunity before AO, then the matter needs to be remanded back to AO. In the said judgment, the Hon’ble Apex Court has held as under (Head Note): “Held, reversing the decision of the High Court, that once the Tribunal found that the Income-tax Officer had not given to the assessee proper opportunity of being heard, that the assessee could have placed the evidence before the appellate authority or before the Tribunal was really of no consequence for it was the assessment order that counted: that order had to be made after the assessee had been given a reasonable opportunity of being heard.”(emphasis given by us)

Therefore, in view of the above facts, and taking note of the decision of Apex Court (supra), we set aside the orders of the Ld. CIT(A) and restore the matter back to the file of the AO for fresh adjudication after affording reasonable opportunity of being heard to the assessee. Therefore, both the appeals of assessee are allowed for statistical purposes. 4. In the result, both the appeals of assessee are allowed for statistical purposes. Order is pronounced in the open court on 26 June, 2020.

Sd/- Sd/- (Dr. A. L. Saini) (Aby. T. Varkey) Accountant Member Judicial Member

Dated : 26June, 2020 Jd.(Sr.P.S.)

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