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Income Tax Appellate Tribunal, CHANDIGARH
Before: SMT. DIVA SINGH, JM & SMT.ANNAPURNA GUPTA, AM
आदेश/ORDER PER DIVA SINGH
By the present appeal the assessee assails the correctness of the order dated 22.06.2018 of CIT(A)-3 Gurgaon pertaining to 2013-14 assessment year on various grounds on merit including ground No.s 2 & 3 on which arguments were advanced by the parties. Accordingly, for ready reference, ground Nos. 2 and 3 raised in the present appeal are reproduced hereunder : “2. That in the facts and circumstances of the case and in law, the Id. Commissioner of Income Tax (Appeals) gravelly erred in not affording reasonable opportunity of being heard to the appellant. 3. That the order passed by the Id. Commissioner of Income Tax (Appeals) is cryptic and non-speaking order.”
ITA 558 /CHD/2019 A.Y. 2013-14 Page 2 of 4
The ld. AR inviting attention to para 3.1 of the
impugned order submitted that none of the notices fixing the
he aring on 08.09.2017, 09.05.2018 and 15.06.2018 stated to
have been sent to the assessee were received. Accordingly, it
was submitted that for want of notice, the assessee remained
unrepresented before the CIT(A).
2.1 Inviting attention to the address of the assessee noticed
in the impugned order mentioned in column No. 5, it was
submitted, that it appears that the notices have been sent to
the residential address of the assessee. Said address, it was
submitted, was never provided as all family members were
working, thus, notice even if sent, was not received by any
responsible person. Inviting attention to copy of Form No.
35 filed by the assessee before the CIT(A), it was submitted
that assessee had provided the following address at which
the notices may be sent which is the working address of the
assessee:
“Shri Anuj Dua, DNA Realtors, SCO : 252, 2nd Floor, Sector 44-C, Chandigarh Pin-160047.
2.2 Even otherwise, it was his submission that the
impugned order was not a speaking order as it merely
upholds the order of the AO relying upon decision of the
ITA 558 /CHD/2019 A.Y. 2013-14 Page 3 of 4
Hon'ble Supreme Court in the case of CIT
v. B.N. Bhattachargee and another 118 ITR 461 (S.C).
Accordingly, it was his limited prayer that the issue may be
remanded to the file of CIT(A) in order to afford the assessee
an effective opportunity of hearing heard.
The ld. Sr.DR on considering the address made available
in Form No. 35 agreed that notices may have been sent to a
different address. As there is no discussion in the order as
to how these notices were sent and whether they were
received by any party, he could make no submission.
We have heard the submissions and perused the record.
A perusal of the record effectively demonstrates that the
assessee was not heard. In the light of the prayer of the
parties before the Bench, without getting into the aspect of
non-representation, we having considered copy of Form No.
35 available on record, deem it appropriate to set aside the
impugned order back to the file of the CIT(A). Thus, in view
of these facts, accepting the oral undertaking of the ld. AR
that the assessee shall participate in the proceedings before
the CIT(A) , the issues are re manded to the ld. CIT(A) with a
direction to pass a speaking order in accordance with law
after providing the assessee a reasonable opportunity of
being heard. The assessee in its own interests is advised to
participate in the proceedings fully and fairly and not abuse
ITA 558 /CHD/2019 A.Y. 2013-14 Page 4 of 4
the trust reposed as failing which, it is made clear that
CIT(A) would be at liberty to pass an order on the basis of
material available on record. Said order was pronounced in
the Open Court at the time of hearing itself.
In the result, appeal of the assessee is allowed for
statistical purposes.
Order pronounced in the Open Court on 4 th October,2019.
Sd/- Sd/-
( अ�नपूणा� गु�ता ) ( �दवा �संह ) (ANNAPURNA GUPTA) (DIVA SINGH) लेखा सद�य/ Accountant Member �या�यक सद�य/ Judicial Member “Poonam” आदेश क� ��त�ल�प अ�े�षत/ Copy of the order forwarded to : अपीलाथ�/ The Appellant 1. ��यथ�/ The Respondent 2. आयकर आयु�त/ CIT 3. आयकर आयु�त (अपील)/ The CIT(A) 4. �वभागीय ��त�न�ध, आयकर अपील�य आ�धकरण, च�डीगढ़/ DR, ITAT, CHANDIGARH 5. गाड� फाईल/ Guard File 6. आदेशानुसार/ By order, सहायक पंजीकार/ Assistant Registrar