SMT. MANJU JAIN,AJMER vs. INCOME TAX OFFICER, WARD-1-2, AJMER
What did the Tribunal hold?
The Tribunal held that the CIT(A) dismissed the appeal summarily without discussing the merits. Therefore, one more opportunity should be granted to the assessee to present her case.
What were the facts?
The assessee's appeal was dismissed ex-parte by the CIT(A) without a speaking order on merits. The assessee claimed the CIT(A) failed to provide an effective opportunity of hearing, while the revenue stated multiple opportunities were granted.
What were the issues?
Whether the CIT(A) erred in dismissing the appeal ex-parte without considering the merits and providing a proper opportunity of hearing to the assessee.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, JAIPUR BENCHES ‘SMC’, JAIPUR
Before: Shri Vijay Pal Raovk;dj vihy la-@ITA No. 1186/JP/2018
ORDER
PER VIJAY PAL RAO, JM
This appeal by the assessee is directed against the order dated 18-07-2018 of ld. CIT(A), Ajmer for the Assessment Year 2010-11 wherein the assessee has raised following grounds of appeal. ‘’1. That the ld. CIT(A) has grossly erred in passing the order dated 18-07-2018 because – A. Order passed ex-parte B. Notice issued u/s 148 by the AO is also time barred and not served on the appellant within time.
2 Smt. Manju Jain vs ITO, Ward- 1(2), Ajmer C. The AO has erred in computing taxable capital gain of Rs. 13,91,220/-. D. The AO is taxing Rs. 1,46,700/- as unexplained investment u/s 69 of I.T. Act. It is therefore, prayed that the order passed dated 18-07-2018 is bad in law and deserves to be deleted.’’ 2.1 During the course of hearing, the ld.AR of the assessee submitted that the ld. CIT(A) has dismissed the appeal of the assessee ex-parte in limine without passing a speaking order on the merits of the appeal of the assessee. The ld.AR of the assessee further contended that due to shifting of office of authorized representative, the assessee filed an adjournment application for the hearing dated 17-07-2018. However, the ld. CIT(A) passed an ex-parte order dated 18-07-2018.
Therefore, there is a failure of principles of natural justice as the assessee was not given any effective and proper opportunity of hearing of the case by the ld. CIT(A). The ld.AR of the assessee thus pleaded that the assessee may be given one more chance of hearing to represent her case before the ld. CIT(A).
2.2 On the other hand, the ld. DR has objected to the prayer of the ld.AR of the assessee for giving one more opportunity and further submitted that ld. CIT(A) has granted seven opportunities to the assessee but no one attended the case on the date of hearing. Consequently, the appeal of the assessee was dismissed ex-parte by the ld. CIT(A). record. The ld. CIT(A) has mentioned in para 2 of his order that appeal of the assessee was fixed for hearing on 07 occasions but nobody attended on behalf of the assessee nor any written submission was filed. The ld. CIT(A) has not mentioned about the adjournment sought by the assessee on the last date of hearing when the appeal of the assessee was dismissed ex-parte. It is also noted that the ld.AR of the assessee explained some unavoidable reasons for not attending the hearing of the appeal. In this case, one more opportunity could have been granted to the assessee by the ld. CIT(A) which may be a short adjournment of couple of days. However, the ld. CIT(A) while dismissing the appeal of the assessee ex- parte, has not discussed the matter on merits but the appeal was dismissed summarily in para 3.1 as under:- 3.1 I have gone through the assessment order and grounds of appeal carefully. I find no infirmity in the order passed by the AO. The appellant has also not furnished any submission or evidence to substantiate the grounds of appeal raised by him. Therefore, it is held that AO has rightly made addition of Rs. 13,98,220/- under the head ‘’long term capital gain’’ and addition of Rs. 1,46,700/- in respect of unexplained investment. Accordingly, all the grounds of appeal are dismissed.’’ Since the ld. CIT(A) has dismissed the appeal summarily without passing a speaking order and without discussing the merits of the case, therefore, in the facts
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