MOHAMED MOHIUL HAQ,HYDERABAD vs. INCOME TAX OFFICER, WARD-7(2), HYDERABAD

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ITA 322/HYD/2019Status: DisposedITAT Hyderabad29 October 2019AY 2010-112 pages
AI SummaryRemanded

What did the Tribunal hold?

The Tribunal found that the assessee should be given a fair opportunity to present its case. Therefore, the matter was remanded back to the CIT(A) for a fresh adjudication on merits.

What were the facts?

The assessee's appeal before the CIT(A) was dismissed for non-appearance and on merits without a hearing, despite a request for adjournment to file written submissions. The assessee had sought multiple adjournments previously.

What were the issues?

Whether the CIT(A) erred in dismissing the appeal for non-appearance without granting a reasonable opportunity for hearing and filing submissions.

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, Hyderabad ‘ B ‘ Bench, Hyderabad

Before: Smt. P. Madhavi Devi

Hearing: 28/10/2019Pronounced: 29/10/2019

This is assessee’s appeal for the A.Y 2010-11 against the order of the CIT (A)-3, Hyderabad, dated 13.12.2018.

2.

The learned Counsel for the assessee submitted that the assessee had filed the appeal before the CIT (A) and thereafter the appeal was fixed for hearing on 13.8.2018. On 12.12.2018 which was the last date fixed for hearing, the assessee had sought adjournment to file written submissions. However, the CIT (A) has refused the adjournment and has dismissed the assessee’s appeal for non-appearance and also on merits of the case without hearing the assessee. He therefore, prayed that the issue may be set aside to the file of the CIT (A) for adjudication of the issue on merits.

3.

The learned DR, on the other hand, supported the orders of the CIT (A) and submitted that though sufficient opportunities were given, the assessee did not appear and present Page 1 of 2

ITA No 322 of 2019 Mohd Mohul Haq Hyderabad.

his case before the CIT (A) and therefore, the order of the CIT (A) needs to be confirmed.

4.

Having regard to the rival contentions and the material on record, I find that the CIT (A) had fixed the appeal for hearing on a number of times and from 23.10.2018 onwards the assessee had been appearing and had been seeking adjournments. Thus, there have been 4 adjournments sought by the assessee within a span of two months. We find that the CIT (A) had condoned the delay in filing of the appeal before him, but has refused to grant adjournment to the assessee. Taking the said facts into consideration, I am of the opinion that the assessee should be given a fair opportunity of presenting its case. In view of the same, I deem it fit and proper to remand the issue to the file of the CIT (A) for adjudication of the issue on merits afresh.

5.

In the results, appeal filed by the assessee is treated as allowed for statistical purposes. Order pronounced in the Open Court on 29th October, 2019. Sd/- (P. MADHAVI DEVI) JUDICIAL MEMBER

Hyderabad, dated 29th October, 2019. Vinodan/sps Copy to: 1 Mohd. Mohul Haq C/o Ch.Parthasarathy & Co. 1-1-298/2/B/3, 1st Floor, Ashok Nagar, Hyderabad 500020 2 ITO Ward 7(2) Hyderabad 3 CIT (A)-3 Hyderabad 4 Pr. CIT – 3 Hyderabad 5 The DR, ITAT Hyderabad 6 Guard File By Order

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