SURYA SPLENDORA PRIVATE LIMITED,SOMWARPET vs. PRINCIPAL COMMISSIONER OF INCOME TAX, BENGALURU-3, BENGALURU

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ITA 436/BANG/2022Status: DisposedITAT Bangalore26 August 2022AY 2016-172 pages
AI SummaryAllowed

What did the Tribunal hold?

The Tribunal directed the Principal CIT to pass a reasoned order after considering the assessee's submissions and granting a proper opportunity of being heard. The appeal was allowed for statistical purposes.

What were the facts?

The assessee's appeal was filed against an order passed by the Principal CIT. The assessee's representative argued that they were not granted a proper opportunity to represent their case before the Principal CIT, as a notice was issued with a short hearing date.

What were the issues?

Whether the assessee was provided with a proper opportunity of being heard before the Principal CIT passed the order. The issue of granting a reasonable opportunity of hearing to the assessee.

Which sections of the Income-tax Act were involved?

Section 263

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, ‘A’ BENCH : BANGALORE

Before: SMT. BEENA PILLAI & SHRI LAXMI PRASAD SAHU

For Appellant: Shri Binod Kumar Singh, CIT

ORDER PER BEENA PILLAI, JUDICIAL MEMBER Present appeal has been filed by assessee against order dated 31/03/2021 passed by Ld.Pr.CIT for A.Y. 2016-17.

2.

At the outset, the Ld.AR submitted that assessee could not represent the case before the Ld.Pr.CIT. At the time of hearing, he submitted that a notice u/s. 263 was issued to the assessee on 19/03/2021 fixing the date of hearing on 26/03/2021. The said notice is said to have been sent to the registered email. As there was no compliance on the said date of hearing, the case was posted Page 2 of 30/03/2021 requesting assessee to file details through e-portal. The Ld.AR submitted that Ld.Pr.CIT passed the order on 31/03/2021 and no proper opportunity was granted to assessee. He thus prayed for the issue to be remanded to the Ld.Pr.CIT. The Ld.DR did not object the same.

3.

Considering the submissions by both sides, we direct the Ld.Pr.CIT to pass a reasoned order after considering the submissions by the assessee in accordance with law. Needless to say that proper opportunity of being heard must be granted to assessee in accordance with law. Accordingly the grounds of appeal raised by assessee stands allowed for statistical purposes. In the result, the appeal filed by the assessee stands allowed for statistical purposes. Order pronounced in the open court on 26th August, 2022.

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