ANIL KUMAR,MUZAFFARPUR vs. ACIT, CIRCLE-1, MUZAFFARPUR

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ITA 102/PAT/2019Status: DisposedITAT Patna19 September 2019AY 2014-152 pages
AI SummaryRemanded

What did the Tribunal hold?

The Tribunal restored the appeal to the file of the CIT(A) to grant the assessee one more opportunity to present its case. The CIT(A) was directed to pass a speaking and reasoned order after providing sufficient opportunity of hearing.

What were the facts?

The assessee filed an appeal before the ITAT assailing an ex-parte order passed by the CIT(A). The assessee did not appear before the ITAT for the hearing.

What were the issues?

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

AI-generated summary — verify with the full judgment below

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), Jamshedpur, dated 03.12.2018 for the assessment year 2014-2015. 2. None appeared on behalf of the assessee even the case was called for second round of hearing. Therefore, we proceeded to dispose off the appeal of the assessee after considering the submissions of ld.DR and the material evidence available on record.

3.

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

2 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 AO and the 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.

4.

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. निभधगीय प्रनतनिनर्, आयकि अपीलीय अनर्किण, पटना / DR, ITAT, Patna 5. गार्ग फाईल / Guard file. 6. आदेशानुसार/ BY ORDER, सत्यापपत प्रयत //// (Senior Private Secretary) ITAT Patna Bench, Patna

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