SHRI AJEET KUMAR GOYAL, AJMER,AJMER vs. DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE-1, AJMER
What did the Tribunal hold?
The Tribunal found that the assessee was not given a proper opportunity of hearing. Therefore, the ex parte order of the CIT(A) was set aside.
What were the facts?
The assessee's appeal before the CIT(A) was decided ex parte. The assessee claimed they were not informed of the hearing date and thus could not attend, leading to the ex parte order.
What were the issues?
Whether the CIT(A) passed an ex parte order without 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
Before: SHRI RAMESH C SHARMAvk;dj vihy la-@ITA No. 793/JP/2017
ORDER PER: R.C. SHARMA, A.M. This is an appeal filed by the assessee against the ex parte order of ld.CIT(A), Ajmer dated 14/08/2017 for the A.Y. 2013-14 in the matter of order passed U/s 143(3) of the Income Tax Act, 1961 (in short, the Act).
In this appeal, the assessee is basically aggrieved for the ex parte order passed by the ld. CIT(A) without giving due and proper opportunity of hearing to the assessee.
2 ITA 793/JP/2017 Ajeet Kr Goyal Vs DCIT 3. The ld AR appeared on behalf of the assessee filed an affidavit to the effect that the assessee was not informed about the date of hearing fixed on 14/08/2017, accordingly, he could not attend the hearing and the ld. CIT(A) passed ex parte order without deciding the merit of the case.
On the other hand, the ld DR has relied on the orders of the authorities below.
I have heard the rival contentions and carefully gone through the orders of the authorities below and found from the record that the appeal was fixed for hearing before the ld. CIT(A) on 13/07/2017 and 14/08/2017. As per the affidavit filed by the assessee, the notice was not served on the assessee, accordingly, the assessee could not get opportunity to appear before the ld. CIT(A). In the substantial interest of justice, I set aside the ex parte of the ld. CIT(A) and restore the matter back to the file of the ld. CIT(A) for deciding the matter afresh on merit after giving due and effective opportunity of hearing to the assessee. The assessee is also directed to appear before the ld. CIT(A) within two months from the date of receipt of this order. In case of any failure on the part of the assessee, the ld. CIT(A) is at liberty to pass order after considering the material available on the record. I direct accordingly.
3 ITA 793/JP/2017 Ajeet Kr Goyal Vs DCIT 4. In the result, appeal of the assessee is allowed for statistical purposes only.
Order pronounced in the open court on 07th August, 2019
Sd/- ¼jes'k lh 'kekZ½ (RAMESH C SHARMA) ys[kk lnL;@Accountant Member Tk;iqj@Jaipur fnukad@Dated:- 07th August, 2019 *Ranjan आदेश की प्रतिलिपि अग्रेf’ात@ब्वचल वf जीम वतकमत वितूंतकमक जवरू vihykFkhZ@The Appellant- Shri Ajeet Kumar Goyal, Ajmer. 1. izR;FkhZ@ The Respondent- The D.C.I.T., Circle-1, Ajmer. 2. vk;dj vk;qDr@ CIT 3. vk;dj vk;qDr¼vihy½@The CIT(A) 4. विभागीय प्रतिनिधि] आयकर अपीलीय अधिकरण] जयपुर@क्त्ए प्ज्Aज्ए Jंपचनत 5. xkMZ QkbZy@ Guard File (ITA No. 793/JP/2017) 6. vkns'kkuqlkj@ By order,
सहायक पंजीकार@Aेेज. त्महपेजतंत
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