Facts
The assessee filed an appeal challenging an order passed by the National Faceless Appeal Centre. The assessee was ex-parte before the Ld. CIT(A) due to a sufficient cause, preventing proper representation.
Held
The Tribunal restored the matter back to the file of the Ld. CIT(A) to provide one more opportunity to the assessee to represent their case effectively, considering there was a reasonable cause for the ex-parte decision.
Key Issues
Whether the assessee should be granted another opportunity to represent their case before the CIT(A) when they were ex-parte due to a sufficient cause.
Sections Cited
250, 1961
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, “A” BENCH MUMBAI
Before: HON’BLE SHRI SANDEEP GOSAIN & HON’BLE SHIR PRABHASH SHANKAR
Date of Hearing 03.04.2025 Date of Pronouncement 07.04.2025 आदेश / ORDER
PER SANDEEP GOSAIN, JM:
The present appeal has been filed by the assessee challenging the impugned order 20.11.2024 passed u/s 250 of the Income Tax Act, 1961 (‘the Act’), by the National Faceless Appeal Centre, Delhi / CIT(A), for the A.Y 2017- 18.
At the very outset, we noticed that assessee was ex- parte before Ld. CIT(A). In this regard Ld. AR explained the 2 Aim Realtors Pvt Ltd, Mumbai circumstances before the bench that there was ‘sufficient cause’ which prevented the assessee to represent properly before Ld. CIT(A). On the other hand DR relied upon the orders passed by the revenue authorities.
Be that as it may, without going into the merits of the issues raised by the assessee and considering the fact that there was reasonable cause, because of which assessee could not put effective representation before Ld. CIT(A). Hence we are of the view that one more opportunity be given to the assessee to represent his case before Ld.CIT(A). Therefore considering the overall circumstances of the present case, we deem it proper to restore the matter back to the file of Ld. CIT(A) for deciding the appeal afresh by providing one more opportunity to the assessee. The assessee shall not seek any adjournment on frivolous grounds and shall remain cooperative during the course of proceedings.
Before parting, we make it clear that our decision to restore the matter back to the file of the Ld.CIT(A) shall in no way be construed as having any reflection or expression on the merits of the dispute, which shall be adjudicated by the Ld. CIT(A) independently in accordance with law.
3 Aim Realtors Pvt Ltd, Mumbai
In the result, the appeal filed by the assessee is allowed for statistical purposes.