SHRI MATIN MIYAN,JAIPUR vs. ASSISTANT COMMISSIONER OF INCOME TAX, TONK
What did the Tribunal hold?
The tribunal decided to remand the case back to the CIT(A) for a decision on merits. The assessee was directed to attend proceedings and provide necessary documentation.
What were the facts?
The assessee filed an appeal against an ex-parte order passed by the CIT(A). The tribunal noted that the matter had not been decided on merits.
What were the issues?
The primary issue was the ex-parte nature of the CIT(A)'s order and the lack of a decision on merits.
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, JAIPUR BENCHES ‘B’ JAIPUR
Before: SHRI VIJAY PAL RAO, JM & SHRI VIKRAM SINGH YADAV, AM vk;dj vihy la-@ITA No. 80/JP/2019
आयकर अपीलीय अधिकरण] जयपुर न्यायपीठ] जयपुर IN THE INCOME TAX APPELLATE TRIBUNAL, JAIPUR BENCHES ‘B’ JAIPUR Jh fot; iky jko] U;kf;d lnL; ,oa Jh foØe flag ;kno] ys[kk lnL; ds le{k BEFORE: SHRI VIJAY PAL RAO, JM & SHRI VIKRAM SINGH YADAV, AM vk;dj vihy la-@ITA No. 80/JP/2019 fu/kZkj.k o"kZ@Assessment Year :2010-11 cuke Shri Matin Miyan ACIT, Tonk Vs. New Sanganer Road, Jaipur LFkk;h ys[kk la-@thvkbZvkj la-@PAN/GIR No.: BVLPM7234B vihykFkhZ@Appellant izR;FkhZ@Respondent fu/kZkfjrh dh vksj ls@ Assessee by : Shri Hemang Gargieya (ITP) jktLo dh vksj ls@ Revenue by : Shri Manmohan Kandpal (ACIT) lquokbZ dh rkjh[k@ Date of Hearing : 28/11/2019 mn?kks"k.kk dh rkjh[k@Date of Pronouncement: 28/11/2019 vkns'k@ ORDER PER: VIKRAM SINGH YADAV, A.M. This is an appeal filed by the assessee against the ex-parte order of ld. CIT(A)-3, Jaipur dated 27.12.2018 for A.Y 2010-11.
After hearing both the parties and pursuing the material on record especially given that the matter has not been decided on merits, in the interest of justice and fair play, the matter is remanded back to the file of ld. CIT(A) to decide the same on merits after providing reasonable opportunity to the assessee. Needless to say, the assessee shall attend to the proceedings and submit necessary information and documentation to ensure timely completion of the appellate proceedings.
In the result, appeal of the assessee is allowed for statistical purposes.
Shri Matin Miyan, Jaipur Vs. ACIT, Tonk Order pronounced in the Open Court on 28/11/2019.
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