What did the Tribunal hold?

The Tribunal restored the appeal to the CIT(A) to pass a speaking and reasoned order after providing the assessee with a sufficient opportunity of hearing. The assessee was directed to cooperate for early disposal.

The assessee filed an appeal with a delay of 99 days. The assessee did not appear for the hearing, and the CIT(A) had passed an ex-parte order. The Tribunal condoned the delay due to sufficient cause.

What were the issues?

Whether the assessee should be granted another opportunity to present their case before the CIT(A) after an ex-parte order was passed.

Prem Prakash Nand, Gaya vs DCIT | ITAT Patna 2019

Income Tax Appellate Tribunal, PATNA BENCH, PATNA

Before: SHRI CHANDRA MOHAN GARG, JM & SHRI L.P.SAHU, AM

For Appellant: Shri Supriya Biswas, JCIT-DR

For Respondent: Shri Supriya Biswas, JCIT-DR

Hearing: 18/09/2019

Per Bench: This appeal is filed by the assessee assailing the order of Commissioner of Income Tax (Appeals)-1, Patna, dated 09.07.2018 for the assessment year 2013-2014. 2. As per the office note, there is a delay of 99 days in filing the present appeal. The assessee has filed an application for condonation of delay. We have gone through the application of the assessee and found that there is sufficient cause for delay in filing the present appeal by the assessee. Ld. DR has no objection for condonation of delay. Accordingly, we condone the delay and appeal is heard finally.

None appeared on behalf of the assessee even the case was called for second round of hearing. Therefore, we proceeded to dispose off the 2 appeal of the assessee after considering the submissions of ld.DR and the material evidence available on record.

On careful consideration of the submissions of ld. DR and perusing the relevant material placed in the record of the Tribunal along with the orders of both the authorities below, at the outset, we find that the ld. CIT(A) has passed the impugned order ex-parte. Considering the facts and circumstances of the case and in the interest of justice and fair-play, there will be no prejudice to the Revenue if one more opportunity be granted to the assessee to represent its case before the CIT(A). Accordingly, we restore the appeal of the assessee to the file of CIT(A) to pass a speaking and reasoned order considering the findings of Assessing Officer and submissions of the assessee, after providing sufficient opportunity of hearing to the assessee. The assessee is also directed to cooperate with the CIT(A) positively for early disposal of the case.

In the result, appeal of the assessee is allowed for statistical purposes. Order pronounced in the open court on 19/09/2019. (L.P.SAHU) (C.M.GARG) लेखा सदस्य / ACCOUNTANT MEMBER न्यानयक सदस्य / JUDICIAL MEMBER पटना /Patna; ददनांक Dated 19/09/2019 Prakash Kumar Mishra, Sr.PS(on tour) आदेश की प्रनिललपप अग्रेपर्ि/Copy of the Order forwarded to : अपीलाथी / The Appellant- 1. प्रत्यथी / The Respondent- 2. आयकि आयुक्त(अपील) / The CIT(A), 3. आयकर आयुक्त / CIT 4. 5. निभधगीय प्रनतनिनर्, आयकि अपीलीय अनर्किण, पटना / DR, ITAT, Patna आदेशानुसार/ BY ORDER, 6. गार्ग फाईल / Guard file. सत्यापपत प्रयत //// (Senior Private Secretary) ITAT Patna Bench, Patna

PREM PRAKASH NAND,GAYA vs. DCIT, CIRCLE-3, GAYA

What did the Tribunal hold?

What were the facts?

What were the issues?

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