RAJESH GUPTA,DELHI vs. ITO, WARD- 62(2), NEW DELHI

PDF · subscribers
ITA 5168/DEL/2019Status: DisposedITAT Delhi23 March 2021AY 2010-113 pages
AI SummaryRemanded

What did the Tribunal hold?

The tribunal restored the appeal to the CIT(A) for a fresh hearing on merits. The assessee was directed to comply with the proceedings to avoid an ex-parte decision.

What were the facts?

The assessee's appeal was dismissed ex-parte by the CIT(A) without considering the merits, after rejecting an adjournment request. The assessee sought an opportunity to present their case properly.

What were the issues?

Whether the CIT(A) erred in dismissing the appeal ex-parte without adjudicating on merits. Whether the assessee should be granted an opportunity to present their case.

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, DELHI BENCH ‘B’: NEW DELHI

For Appellant: Adv. &
For Respondent: Ms. Nidhi Srivastava, CIT-DR
Hearing: 23.03.2021Pronounced: 23.03.2021

ORDER PER SUDHANSHU SRIVASTAVA, JM: This appeal is preferred by the assessee against order dated 16.04.2019 passed by the Ld. Commissioner of Income Tax (Appeals)-38, New Delhi {CIT(A)} and pertains to Assessment Year 2010-11.

2.0 At the outset, the Ld. Authorized Representative (AR) submitted that the assessee’s appeal was dismissed exparte by the Ld. CIT(A) after rejecting the assessee’s application for adjournment.

The Ld. AR submitted that not only the assessee’s appeal was dismissed in limine, the Ld. CIT(A), without going into the merits of the case, simply relied on the findings of the Assessing Officer. The Ld. AR prayed that the assessee should be provided with an opportunity to present his case in the proper manner so as to get justice.

3.0 On a query from the Bench, the Ld. CIT-DR had no objection to the matter being restored to the office of Ld. CIT(A) for adjudication on merits.

4.0 After having gone through the records and the impugned order, in view of the substantial justice, we deem it appropriate to restore this appeal to the office of Ld. CIT(A) for being heard afresh and for the purposes of being adjudicated on merits after giving proper opportunity to the assessee to present his case. It is directed accordingly. The assessee is also directed to comply with the First Appellate Proceedings this time without fail and respond to the queries and notices issued by the Ld. First Appellate Authority in a proper manner, failing which the Ld. First Appellate Authority can decide the appeal exparte the assessee in accordance with law.

5.0 In the final result, the appeal of the assessee stands allowed for statistical purposes.

Above decision was announced on conclusion of Virtual Hearing on 23rd March, 2021.

Recent GST High Court judgments

Search GST case law →