TATHAGAT EXPORTS PRIVATE LIMITED,NEW DELHI vs. ACIT CIRCLE-25(1), NEW DELHI

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ITA 166/DEL/2020Status: DisposedITAT Delhi15 July 2022AY 2015-164 pages
AI SummaryRemanded

What did the Tribunal hold?

The Tribunal directed the assessee to pay Rs. 10,000/- to the Prime Minister's National Relief Fund and approach the CIT(A) for a fresh hearing. The CIT(A) was directed to afford an opportunity of being heard to the assessee.

What were the facts?

The assessee filed an appeal against the CIT(A)'s order confirming the AO's assessment. The assessee failed to appear before the CIT(A) on multiple occasions and also did not appear before the ITAT. The ITAT noted the assessee's failure to comply with notices.

What were the issues?

Whether the assessee's failure to appear before the lower authorities warrants dismissal of the appeal, or if a fresh opportunity should be granted. The principle of 'audi alteram partem' was also considered.

Which sections of the Income-tax Act were involved?

Section 144

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, DELHI BENCH ‘H’, NEW DELHI

Before: Dr. B. R. R. KumarSh. Anubhav Sharma

Hearing: 12.07.2022Pronounced: 15.07.2022

Per Dr. B. R. R. Kumar, Accountant Member:

1.

The present appeal has been filed by the assessee against the order of the ld. CIT(A), Delhi-36 dated 11.11.2019.

2.

The assessee field return of income on 31.10.2015 declaring a loss of Rs.1,02,14,422/-. The assessment has been completed determining returned income at Rs.1,02,08,130/- vide the Assessment Order passed u/s 144 on 28.12.2017.

3.

The proceedings before the ld. CIT(A) were as under:

SI. Notice No. Date of issue of Date fixed for hearing No. notice/Date of speed post 1. By 01.02.2019 15.02.2019 ITBA/APL/S/APL_1 /2018- 19/1014961528(1) By Speed Post ED004228990IN None attended nor any 15.02.2019 adjournment letter was filed. 2. By Speed Post 15.02.2019 08.03.2019 ED939114887IN (Last Opportunity)

08.03.2019 None attended nor any adjournment letter was filed. 3. By 08.08.2019 21.08.2019 ITBA/APL/S/APL_1 /2019- 20/1017313711(1)

By Speed Post ED001240719IN

21.08.2019 None attended nor any adjournment was filed. 4. By 22.08.2019 28.08.2019 ITBA/APL/S/APL_1/2019- 20/1017509471(1)

By Speed Post ED001242555IN

28.08.2019 None attended nor any adjournment was filed.

3 Tathagat Exports Pvt. Ltd. 5. By 28.08.2019 11.09.2019 ITBA/APL/S/APL_1 /2019- 20/1017635923(1)

By Speed Post ED001242388IN 11.09.2019 None attended nor any adjournment was filed. 6. By 12.09.2019 04.10.2019 ITBA/APL/S/APL_1/2019- 20/1017939492(1)

By Speed Post ED944508913IN 04.10.2019 None attended nor any adjournment was filed. 7. By 07.10.2019 15.10.2019 ITBA/APL/S/APL_1/2019- 20/1018645101(1)

By Speed Post ED944508666IN 15.10.2019 None attended nor any adjournment was filed. 8. By 15.10.2019 30.10.2019 ITBA/APL/S/APLJ/2019- 20/1018924446(1) (Last Opportunity)

By Speed Post ED944509030IN (As per speed post tracking report notice was delivered) 30.10.2019 None attended nor any adjournment was filed.

4.

Aggrieved with the order of the ld. CIT(A) confirming the order of the Assessing Officer, the assessee filed appeal before the Tribunal on 09.01.2020. The notice of hearing was issued on 4 Tathagat Exports Pvt. Ltd. 11.04.2022 fixing the date of hearing on 12.07.2022 at the address given in From 36. No one attended on the date of hearing nor any adjournment letter was filed. The assessee has failed to appear on 8 occasions before the ld. CIT(A) and has taken up the grounds before the Tribunal pertaining to legal principles of “audi alteram partem” and sustenance of order of the AO by the ld. CIT(A). We strongly believe that every assessee has a right to appeal before the authorities against any addition or disallowance made to the returned income, at the same time, it is least expected that the assessee would comply to the notices issued by the authorities in an appropriate way. The assessee having miserably failed to attend before the ld. CIT(A) has taken the grounds of “audi alteram partem” before us. While the grievance of the assessee is not being preempted by us, at the same time, we feel that the conduct of the assessee is clogging the already burdened justice delivery system. Hence, we hereby direct the assessee to pay an amount of Rs.10,000/- to the “Prime Minister’s National Relief Fund” and approach the ld. CIT(A) for a fresh hearing denovo which shall be considered. The ld. CIT(A) is hereby directed to afford an opportunity of being heard to the assessee before conclusion of the proceedings.

5.

In the result, the appeal of the assessee is allowed for statistical purpose. Order Pronounced in the Open Court on 15/07/2022.

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