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Income Tax Appellate Tribunal, CHANDIGARH BENCHES,
Before: SMT. DIVA SINGH
आदेश/Order PER DIVA SINGH , JM:
The present appeal has been filed by the assessee assailing the correctness of the order dated 28/09/2018 of CIT(A)-1, Chandigarh pertaining to 2013 – 14 Assessment year on the following grounds:
That the learned CIT(A)-1, Chandigarh, was not justified to pass the 1. Order ex-parte without the presence of Appellant or his counsel.
ITA-1537/CHD/2018 A.Y. 2013-14 Page 2 of 5 2. That the learned CIT(A)-1, Chandigarh, was not justified to dismiss the first ground of appeal regarding addition of Rs. 47,839/- comprising of CDF, Depreciation and Diesel expenditure. 3. That the learned CIT(A)-1, Chandigarh, was not justified to dismiss the second ground of appeal regarding disallowance of deduction u/s 80P on Interest Income of Rs. 3,208/- 4. That the learned CIT(A)-1, Chandigarh, was not justified to dismiss the third ground of appeal regarding deduction of Rs. 1,076/- u/s 80P on profit on trading of cattle feed and ghee. 5. That the learned CIT(A)-1, Chandigarh, was not justified to dismiss the fourth ground of appeal regarding addition of Rs. 8,94,331/- by invoking the provisions of section 68 of the Income Tax Act, 1961 in respect of liabilities outstanding in the balance sheet of the appellant and treating them as unexplained. 6. That the learned CIT(A)-1, Chandigarh, was not justified in not having disposed off the fifth ground of appeal regarding disallowance of deduction of Rs. 2,17,495/- u/s 80P of the Income Tax Act, 1961 despite the fact that the Appellant Society was eligible for such deduction. 7. That the appellant Society was in any case entitled for deduction u/s 80P on its Income and even on disallowances, deduction u/s 80P deserves to be allowed. 8. That the appellant Society reserves the right to raise any additional ground of appeal during appellate proceedings.
At the time of hearing the Ld. AR invited attention to the
application filed seeking time. Relying on the same it was
submitted that certain documents were being obtained on the
basis of which the assessee seeks to assail the ex-parte order.
However considering the fact that it was an ex-parte order
passed by the Ld. CIT(A) which fact has been addressed in the
application moved itself, the Ld. AR withdrew the request for
time. Addressing the non representation of the assessee before
ITA-1537/CHD/2018 A.Y. 2013-14 Page 3 of 5 the Ld. CIT(A), it was submitted that there was some dispute
between the Secretary of the society and the members and
ultimately the Secretary of the Society was removed. On
account of this, dispute unknown to the Society it remained
un-represented. It was submitted by the ld. AR that the
assessee Society has addressed its internal disputes and in the
eventuality the remand back is directed, the assessee shall
fully participate in the proceedings.
2.1 The ld. AR inviting attention to the assessment order
submitted that the order has been passed u/s 144 of the Act as
the assessee remained unrepresented even before the AO.
Accordingly, it was his prayer that in case the remand is made
to the CIT(A), the assessee would need to file fresh evidences
as admittedly no evidences were placed on behalf of the
assessee due to its internal problems with its Secretary.
The ld. CIT-DR considering the assessment order dated
04.03.2016 passed u/s 144 agreed that the assessee
admittedly did not participate before the AO and even before
the CIT(A) has remained unrepresented. In the circumstances,
remand back to the AO was not objected to.
ITA-1537/CHD/2018 A.Y. 2013-14 Page 4 of 5 4. I have heard the submissions and perused the material on
record. In the facts of the present case, a perusal of the
record shows that the assessee Society remained unrepresented
before the AO as well as the CIT(A). The ld. AR has explained
the lack of representation before the said authorities has
arisen on account of some internal disputes with the Secretary
of the Society. It has been stated that the internal affairs of
the assessee Society have been put in order and the assessee
in the eventuality of remand back is made, shall not abuse the
trust reposed and participate in the proceedings fully and
fairly. Accordingly, in the peculiar facts and circumstances as
argued before the Bench which are not shown to be incorrect,
it is deemed appropriate to set aside the issues back to the file
of the AO with a direction to pass a speaking order in
accordance with law after giving the assessee a reasonable
opportunity of being heard. While so directing, it is made clear
that in the eventuality the assessee abuses the trust reposed
and fails to participate fully and fairly before the AO, the AO
would be at liberty to pass an order on the basis of material
available on record.
ITA-1537/CHD/2018 A.Y. 2013-14 Page 5 of 5 5. In the result, appeal of the assessee is allowed for statistical purposes. Said order was pronounced in the Open Court at the time of hearing itself.
Order pronounced in the Open Court on 19 t h August,2019.
Sd/-
�दवा �संह, ( DIVA SINGH) �या�यक सद�य / JUDICIAL MEMBER
AG/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