VINTRON CONVERGYS LTD.,NEW DELHI vs. ACIT, CIRCLE- 26(2), NEW DELHI

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ITA 4766/DEL/2019Status: DisposedITAT Delhi02 September 2022AY 2015-163 pages

In favour of the assessee: the assessee's appeal was allowed. From the AI summary of this appeal.

AI SummaryAllowed

What did the Tribunal hold?

The Tribunal restored the appeal to the file of the CIT(A) for fresh adjudication. The CIT(A) was directed to provide the assessee with a due opportunity of hearing.

What were the facts?

The assessee's appeal was dismissed by the CIT(A) without providing an effective opportunity of hearing. The assessee contended that their non-appearance was due to circumstances beyond their control and that the appeal should have been adjudicated on merits.

What were the issues?

Whether the CIT(A) was justified in dismissing the appeal without providing an effective opportunity of hearing to the assessee, violating the principles of natural justice.

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, DELHI BENCH : F : NEW DELHI

Before: SHRI C.M. GARG & SHRI PRADIP KUMAR KEDIA

For Appellant: Shri Satyajit Goel, CA &, Shri Prateek Gupta, CA
For Respondent: Shri Ramdhan Meena, Sr. DR
Hearing: 30.08.2022Pronounced: 02.09.2022

(Appellant) (Respondent) Assessee by : Shri Satyajit Goel, CA & Shri Prateek Gupta, CA Revenue by : Shri Ramdhan Meena, Sr. DR Date of Hearing : 30.08.2022 Date of Pronouncement : 02.09.2022 ORDER

PER C.M. GARG, JM:

1.

This appeal filed by the assessee is directed against the order dated 26.03.2019 of the CIT(A)-24, New Delhi, relating to Assessment Year 2015-16.

2.

The grounds of appeal

No.1(i) to 1. (iii) raised by the assessee read as under:- (l) (i) That on facts and circumstances of the case, the Ld CIT(A) was not justified in dismissing the appeal without providing effective opportunity of hearing to the assessee and as such the order of CIT(A) being without proper opportunity is illegal and against the principle of natural justice. (ii) That the non appearance before the first appellate authority was due to circumstances beyond control and same being bonafide grounds, the assessee should have been provided opportunity of effective hearing. (iii) That the Ld CIT(A) has grossly erred in rejecting the appeal without adjudicating the same on merits and as such the impugned order is not sustainable on facts and under law.”

3.

The assessee, through the above grounds of appeal has agitated that the ld.CIT(A) has not provided reasonable and adequate opportunity of being heard to the assessee. It was also contended that the ld.CIT(A) has passed his ex parte order without giving any final opportunity to the assessee and without deciding the grounds taken by the assessee on merit.

4.

The ld. Sr. DR, in all fairness, agreed to the contentions of the ld. Counsel of the assessee and submitted that if the Bench find it proper, the matter may be restored to the file of the CIT(A) for fresh adjudication.

5.

On careful consideration of the above submissions and grounds of appeal taken by the assessee in Form No.36; and keeping in view the submissions of the ld. Counsel of the assessee that the assessee has not been given proper opportunity of being heard, this appeal is restored to the file of the CIT(A) at first appellate stage for fresh adjudication after allowing due opportunity of hearing to the assessee.

6.

In the result, the appeal filed by the assessee is allowed for statistical purposes.

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