KIRAN KISHORMAL JAIN,MUMBAI vs. ITO 20(2)(3), MUMBAI

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ITA 2563/MUM/2022Status: DisposedITAT Mumbai14 December 2022AY 2014-155 pages
AI SummaryRemanded

What did the Tribunal hold?

The Tribunal noted that while the assessee was non-compliant, no one should be condemned unheard. Therefore, the appeal was restored to the CIT(A) for fresh adjudication, subject to the assessee depositing a cost of ₹5,000.

What were the facts?

The assessee filed a return of income, but failed to comply with several notices issued by the Assessing Officer and the CIT(A). Consequently, ex-parte orders were passed by both authorities, leading to significant additions to the assessee's income.

What were the issues?

Whether the lower authorities were justified in passing ex-parte orders without hearing the assessee, despite the assessee's non-compliance with notices.

Which sections of the Income-tax Act were involved?

Section 144

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, “H” BENCH, MUMBAI

For Appellant: Shri Romil Kirtikumar Jain, CA
For Respondent: Shri Tejinder Pal Singh Anand
Hearing: 13.12.2022Pronounced: 14.12.2022
1.

This appeal is filed by the assessee for A.Y. 2014-15 against the appellate order passed by the National Faceless Appeal Centre, New Delhi [ the Ld CIT (A) ] dated 27th May, 2022, where the appeal of the assessee filed against the assessment order dated 20th December, 2016 passed by the Income Tax Officer, 20(2)(3), Mumbai, (the learned Assessing Officer) under Section 144 of the Income-tax Act, 1961 (the Act) was dismissed on merits ex parte.

3.

The assessee preferred the appeal before the National Faceless Appeal Centre. Five notices were issued to the assessee; however, no response was received except seeking an adjournment on one occasion. The learned CIT (A) in absence of any further compliance by the assessee passed an ex-parte order dismissing the appeal of the assessee and confirming the additions/ disallowances made by the learned Assessing Officer. The assessee is aggrieved with that.

5.

The learned Departmental Representative vehemently submitted that assessee did not comply any of the notices before the learned Assessing Officer as well as before the learned CIT (A) and therefore, the orders of the lower authorities deserves to be confirmed.

6.

In rejoinder learned Authorized Representative submitted that this has happened only in case of A.Y. 2014-15. In all other assessment proceedings, the assessee was duly represented and due to inadvertence the non compliance has happened for the impugned assessment year.

7.

We have carefully considered the rival contentions and find that the orders of the learned Assessing Officer as well as the learned CIT (A) were passed ex-parte. It is also is also a fact that assessee did not comply with the notices before the learned Assessing Officer as well as before the

8.

All other grounds of appeal remain unadjudicated.

9.

In the result, appeal of the assessee is allowed for statistical purposes as directed above.

Order pronounced in the open court on 14.12.2022.

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