SHREE MONALISA DISCRETIONARY FAMILY TRUST,RAJKOT vs. THE ITO, WARD-1 (1) (2), RAJKOT

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ITA 120/RJT/2019Status: DisposedITAT Rajkot28 February 2020AY 2016-172 pages
AI SummaryRemanded

What did the Tribunal hold?

The tribunal set aside the ex-parte order and remanded the issue back to the CIT(A). The CIT(A) was directed to adjudicate the issue afresh after providing an opportunity of being heard to the assessee and considering all evidence.

What were the facts?

The appeals were filed against an order passed under section 154 of the Income Tax Act, 1961. The CIT(A) had passed an ex-parte order as the assessee did not appear despite notices.

What were the issues?

Whether the ex-parte order passed by the CIT(A) was justified and whether the assessee should be given another opportunity to present their case.

Which sections of the Income-tax Act were involved?

Section 154

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, RAJKOT BENCH, RAJKOT

Before: SHRI WASEEM AHMED&

Consolidated Appeals (2)

ITA 120/Rjt/2019AY 2016-17
ITA 121/Rjt/2019AY 2016-17
Hearing: 27/02/2020Pronounced: 28/02/2020

O R D E R PER BENCH: Both the appeals relate to the order under section 154 of the Income Tax Act, 1961 (hereinafter referred to as “the act”) passed by the Ld. CIT(A), Jamnagar, for A.Y. 2016-17. Since the issues are identical, these are heard analogously and are being disposed of by a common order. & 121/RJT/2019 A.Y.2016-17 - 2 - 2. It appears that the Ld. CIT(A) has passed the order ex-parte since none appeared in spite of repeated notices served upon the assessee. However, in view of the submission made by the Ld. Counsel appearing for the assessee that another opportunity may be given to the assessee to represent his case before the authorities below, we in order to prevent the miscarriage of justice set-aside the issue to the file of the Ld. CIT(A) to adjudicate the issue afresh upon giving an opportunity of being heard to the assessee and upon taking into consideration the evidences on record and any other evidences which the assessee may choose to file at the time of hearing of the matter and to pass a reasoned order thereon.

3.

In the combined results, both the appeals are allowed for statistical purposes. This Order pronounced in Open Court on 28/02/2020

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