SHRI VISHAL TAK C/O- KALANI & CO., CA 5TH FLOOR, MILESTONE BUILDING, GANDHINAGAR TURN, TONK ROAD, JAIPUR,JAIPUR vs. ITO WARD-7(3), JAIPUR, WARD-7(3), JAIPUR

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ITA 735/JPR/2019Status: DisposedITAT Jaipur23 July 2019AY 2011-123 pages
AI SummaryAllowed

What did the Tribunal hold?

The ITAT found that there was a sufficient reason for the assessee's non-appearance before the CIT(A). Therefore, the matter was restored to the CIT(A) for a fresh decision after giving a reasonable opportunity of hearing.

What were the facts?

The assessee's appeal against an ex parte order of the CIT(A) was heard by the ITAT. The assessee contended that the CIT(A) passed the order without providing a proper opportunity to be heard.

What were the issues?

Whether the CIT(A) passed an ex parte order without affording a proper opportunity of hearing to the assessee. Whether the CIT(A) decided the merit of the issue as required by Section 250(6).

Which sections of the Income-tax Act were involved?

Section 143(3),Section 147,Section 250(6)

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. 735/JP/2019

For Appellant: Shri P.C. Parwal (CA) jktLo dh vksj ls@
Hearing: 23/07/2019Pronounced: 23/07/2019

ORDER PER: R.C. SHARMA, A.M. This is an appeal filed by the assessee against the ex parte order of ld.CIT(A)-3, Jaipur dated 25/03/2019 for the A.Y. 2011-12 in the matter of order passed U/s 143(3)/147 of the Income Tax Act, 1961 (in short, the Act).

2.

At the outset, it was contended by the ld AR of the assessee that the ld. CIT(A) has passed ex parte order without giving due and proper opportunity to the assessee. He has invited our attention to the 2 ITA 735/JP/2019 Vishal Tak Vs ITO observation of the ld. CIT(A) to the effect that the assessee attended before the CIT(A) on the appeal fixed on 01/11/2018 and 18/12/2018. However, on the last occasion, the assessee could not appear and the reason for non-appearance was also explained before me by the ld AR. I am satisfied that there was sufficient reason for non-appearance on the last occasion before the ld. CIT(A), therefore, in the substantial interest of justice, I restore back the matter to the file of the ld. CIT(A) for deciding afresh after giving due and reasonable opportunity of hearing to the assessee. It is pertinent to note that the ld. CIT(A) has not passed the order as per provisions of Section 250(6) of the Act in so far as he has not decided the merit of the issue. The assessee is also directed to appear before the ld. CIT(A) within 2 months from the date of receipt of this order. I direct accordingly.

3.

In the result, appeal of the assessee is allowed for statistical purposes only. Order pronounced in the open court on 23rd July, 2019

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