THE UDALGURI TEA COMPANY PRIVATE LIMITED,GUWAHATI vs. DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL PROCESSING CENTER, DIBRUGARH
What did the Tribunal hold?
The Tribunal restored the appeal to the file of the CIT(A) for fresh adjudication. The assessee was directed to appear before the CIT(A) and cooperate in the disposal of the appeal.
What were the facts?
The assessee's appeal was decided ex parte by the CIT(A) due to non-response. The assessee contended that the notice of hearing was not served.
What were the issues?
Whether the ex parte order passed by the CIT(A) was valid due to alleged non-service of notice. The need for providing the assessee with an adequate opportunity of being heard.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, ‘E’ COURT, KOLKATA
Before: Shri J. Sudhakar Reddy & Shri Aby T. Varkey]
Heard together (2 matters)
Read from the judgment's own cause title. This page is filed under one of them.
order
: March 18th, 2020 ORDER
Per J. Sudhakar Reddy, AM:
This is an appeal filed by the assessee directed against the order of the Commissioner of Income Tax (Appeals), Dibrugarh [‘CIT(A)’ for short] dated 20.11.2019 u/s 250 of the Income Tax Act, 1961 (‘the Act’ for short) for AY 2010-11.
After hearing rival contentions, we find that the ld. CIT(A) has passed an ex parte order for the reason that, there was no response from the assessee. The ld. Counsel for the assessee submitted that, the notice of hearing was not served. 3. Under these circumstances, as agreed to by both the parties, we restore the appeal to the file of the ld. CIT(A) for fresh adjudication in accordance with law, after giving the assessee adequate opportunity of being heard. 4. The assessee is directed to take notice from the ld. CIT(A)’s office on 07.04.2020 and thereafter appear before the ld. CIT(A) as and when the case is posted for hearing and co-operate in the disposal of the appeal. 5. In the result, this appeal of the assessee is allowed for statistical purposes.
2 S.A. No. 06/Gau/2020 Arising Out Of I.T.A. No. 476/Gau/2019 Assessment Year: 2010-11 The Udalguri Tea Company Pvt. Ltd. 6. The Stay Petition in SA No. 06/Gau/2020 is dismissed as infructuous.
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