SMT. VIMLESH C/O- KALANI & CO., CA, 5TH FLOOR, MILESTONE BUILDING, GANDHINAGAR TURN, TONK ROAD, JAIPUR,JAIPUR vs. ITO WARD-2, BHARATPUR, WARD-2, BHARATPUR
What did the Tribunal hold?
The Tribunal found that the ex parte order was passed without giving the assessee a due opportunity of hearing. The matter was restored to the AO for fresh adjudication after providing a reasonable opportunity to the assessee.
What were the facts?
The assessee's appeal was dismissed ex parte by the CIT(A) for AY 2010-11. The primary grievance was the lack of proper opportunity for hearing, as notices for hearing were not effectively served on the assessee.
What were the issues?
Whether the ex parte order passed by the CIT(A) was valid without providing adequate opportunity of hearing to the assessee. Whether the reopening and assessment proceedings were conducted properly with proper service of notices.
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. 755/JP/2019
ORDER PER: R.C. SHARMA, A.M. This is an appeal filed by the assessee against the ex parte order of ld.CIT(A), Alwar dated 20/03/2019 for the A.Y. 2010-11 in the matter of order passed U/s 143(3) r.w.s. 147 of the Income Tax Act, 1961 (in short, the Act).
In this appeal, the assessee is basically aggrieved for passing ex parte order without giving due opportunity of hearing to the assessee before deciding the issue. The ld AR of the assessee has drawn our
2 ITA 755/JP/2019 Smt. Vimlesh Vs ITO attention to the order of the ld. CIT(A) in which only one notice was issued for fixing the date of hearing on 25/09/2018. However, since the notice could not be served, the ld. CIT(A) dismissed the appeal without deciding the merit of the addition so made. The ld AR has also drawn our attention to the fact that it is a case of reopening by issuance of notice U/s 148 of the Act, however, this notice was not served on the assessee.
On the other hand, the ld DR has relied on the orders of the lower authorities.
I have considered the rival contentions and carefully gone through the orders of the authorities below and found that the assessee is a housewife and her husband is working as security guard. The assessee has purchased a house property. On the information available with the department, the A.O. to verify the source of funds issued notice U/s 148 on 29/07/2017. However, there is no mention of service of this notice on the assessee, moreover, there is no observation by the A.O. as to whether any subsequent notice was served on the assessee. Furthermore, even though, the A.O. has passed order U/s 143(3) of the act but there is no appearance even before the A.O., therefore, order should have been passed U/s 144 of the Act. In the substantial interest of justice, I restore the matter back to the file of the A.O. for deciding
3 ITA 755/JP/2019 Smt. Vimlesh Vs ITO the issue afresh after giving due and reasonable opportunity of hearing to the assessee. I direct the assessee to appear before the A.O. within two months from the date of receipt of this order. 5. In the result, appeal of the assessee is allowed for statistical purposes only
Order pronounced in the open court on 25th July, 2019
Sd/- ¼jes'k lh 'kekZ½ (RAMESH C SHARMA) ys[kk lnL;@Accountant Member Tk;iqj@Jaipur fnukad@Dated:- 25th July, 2019 *Ranjan आदेश की प्रतिलिपि अग्रेf’ात@ब्वचल वf जीम वतकमत वितूंतकमक जवरू vihykFkhZ@The Appellants- Smt. Vimlesh, Bharatpur. 1. izR;FkhZ@ The Respondent- The I.T.O., Ward-2, Bharatpur. 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. 755/JP/2019) 6. vkns'kkuqlkj@ By order,
सहायक पंजीकार@Aेेज. त्महपेजतंत
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