What did the Tribunal hold?

The Tribunal restored the matter to the CIT(A) for a fresh decision, allowing the assessee an opportunity to present her case. The assessee was directed to attend the proceedings before the CIT(A).

The assessee's appeal before the CIT(A) was dismissed ex-parte as the assessee claimed not to have received any notice. An affidavit was filed stating non-receipt of notices and inability to appear. The assessee requested an opportunity to present her case.

What were the issues?

Whether the CIT(A) erred in dismissing the appeal ex-parte without proper notice to the assessee, and whether the assessee should be granted an opportunity to present her case.

Reeta Sharma, Panchkula vs ITO | ITAT Chandigarh 2020

आदेश/Order

The present appeal has been preferred by the assessee against the order dated 18.01.2019 the Commissioner of Income Tax (Appeals)-4, Ludhiana [hereinafter referred to as ‘CIT(A)’]

The assessee in this appeal has taken following grounds of appeal:-

1. That the Ld. Commissioner of Income Tax (Appeals) has erred in law as well as on facts in dismissing the appeal ex-parte in limine which is arbitrary and unjustified. .

2. Without prejudice to the above, the Ld. Commissioner of Income Tax (Appeals) has erred - Smt. Reeta Sharma, Panchkula 2 in law as on facts in upholding the addition of Rs.28.30 lacs which is arbitrary and unjustified.

That the order of the Ld. Commissioner of Income Tax (Appeals) is erroneous, arbitrary, opposed to law and facts of the case and is, thus, untenable.

3. At the outset, Ld. Counsel for the assessee has invited our attention to the impugned order of the CIT(A) to submit that the same is ex-parte order passed by the Ld. CIT(A). The Ld. Counsel for the assessee has further furnished an affidavit dated 31.12.2019, wherein, averments have been made that though the assessee filed the present appeal against the assessment framed before the Ld. CIT(A) but the assessee did not receive any notice for fixation of the appeal before the CIT(A). Further, that since the notices were not received, the assessee could not appear before the CIT(A) for representing her appeal.

The Ld. Counsel for the assessee has further submitted that the assessee may be given an opportunity to present her case before the CIT(A) and she has also assured that the assessee this time will take care of the hearing and promptly appear before the Ld. CIT(A) as and when called for.

In view of the aforesaid submissions made by the Ld. counsel for the assessee which has been duly supported by the affidavit of the assessee dated 31.12.2019 and to meet the ends of justice, the matter is restored to the file of the CIT(A) for decision afresh. At the same time, - Smt. Reeta Sharma, Panchkula 3 the assessee is required to attend the proceedings before the Ld. CIT(A) as and when called for.

The appeal of the assessee is treated as allowed for statistical purposes. Order dictated and pronounced in the Open Court immediately on completion of hearing on 01.01.2020.

REETA SHARMA,PANCHKULA vs. ITO, W-3, PANCHKULA

What did the Tribunal hold?

What were the facts?

What were the issues?

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