What did the Tribunal hold?

The Tribunal found that the CIT(A) passed an ex-parte order and that the ends of justice would be met by setting aside the order. The matter was restored to the CIT(A) for a fresh decision after affording a reasonable opportunity of hearing to the assessee.

The assessee's appeal before the CIT(A) was decided ex-parte. The assessee filed an appeal before the ITAT which was time-barred by 10 days. The ITAT condoned the delay.

What were the issues?

Whether the ex-parte order passed by the CIT(A) was justified and if the matter should be remanded for fresh adjudication.

Anil Dattatraya Kapade, Kolhapur vs Tax Recovery Officer, Range-2… | ITAT Pune 2020

Income Tax Appellate Tribunal, PUNE BENCH “SMC”, PUNE

Before: SHRI R.S. SYAL

For Appellant: Shri M.K. Kulkarni

For Respondent: Shri S.P. Walimbe

This appeal by the assessee arises out of the ex-parte order passed by the CIT(A)-2, Kolhapur on 07-12-2018 in relation to the assessment year 2008-09.

This appeal is time-barred by 10 days. The assessee has filed an affidavit explaining the reasons which led to the late filing of the appeal. I am satisfied with such reason. The delay is condoned and the appeal is admitted for hearing on merits.

I have heard both the sides and perused the relevant material on record. It is seen that the ld. CIT(A) has passed the order ex-parte qua the assessee as well as the Department. Considering the facts prevailing in the instant case, I am of the considered opinion that the ends of justice would meet adequately if the impugned order is set-aside and the matter is restored to the file of ld. CIT(A). I order accordingly and direct him to decide the appeal afresh as per law after allowing a reasonable opportunity of being heard to the assessee.

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

Order pronounced in the Open Court on 15th January, 2020.

Sd/- (R.S.SYAL) उपा�य� उपा�य�/ VICE PRESIDENT उपा�य� उपा�य� पुणे Pune; �दनांक Dated : 15th January, 2020 सतीश

आदेश क� क� क� �ितिलिप क� �ितिलिप �ितिलिप अ�ेिषत �ितिलिप अ�ेिषत अ�ेिषत / Copy of the Order is forwarded to : अ�ेिषत आदेश आदेश आदेश अपीलाथ� / The Appellant; 1. ��यथ� / The Respondent; 2. आयकर आयु�(अपील) / 3. The CIT (Appeals)-2, Kolhapur 4. The Pr. CIT-2, Kolhapur िवभागीय �ितिनिध, आयकर अपीलीय अिधकरण, पुणे “SMC” / 5. DR ‘SMC’, ITAT, Pune; गाड� फाईल / Guard file. 6. // True copy // आदेशानुसार आदेशानुसार/ BY ORDER, आदेशानुसार आदेशानुसार

ANIL DATTATRAYA KAPADE,KOLHAPUR vs. TAX RECOVERY OFFICER, RANGE-2, KOLHAPUR

What did the Tribunal hold?

What were the facts?

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