What did the Tribunal hold?

The ITAT held that the assessee was not given a proper and sufficient opportunity of being heard by the CIT(A). Therefore, in the interest of justice, the order of the CIT(A) was set aside.

The assessee's appeal was dismissed ex-parte by the CIT(A) for non-prosecution as the assessee did not appear on the hearing dates. The ITAT noted that the CIT(A) had not decided the appeal on merits.

What were the issues?

Whether the CIT(A) properly afforded the assessee sufficient opportunity of being heard before passing an ex-parte order. Whether the principles of natural justice were followed.

Shri Amit Agarwal, Bareilly vs ITO | ITAT Lucknow 2019

Income Tax Appellate Tribunal, LUCKNOW BENCH ‘SMC’, LUCKNOW

Before: SHRI T. S. KAPOOR

For Respondent: Shri C. K. Singh, D.R

Hearing: 01/08/2019Pronounced: 02/08/2019

This appeal has been filed by the assessee against the order of learned CIT(A), Bareilly dated 11/02/2019 pertaining to assessment year 2010-11.

At the time of hearing of appeal, none appeared on behalf of the assessee however, I decided to dispose of the appeal after hearing Learned D. R. and considering the material placed on record. I noted that learned CIT(A) has passed the ex-parte order as according to him, nobody has appeared on the dates when the appeal was fixed for hearing before him. From the order of CIT(A), it is apparent that the CIT(A) had issued various notices to the assessee however, neither anybody appeared nor filed written submissions and ultimately the CIT(A) passed the ex-parte order and dismissed the appeal of the assessee for non prosecution. However, I feel that one more opportunity should be given to the assessee as learned

I.T.A. No.233/Lkw/2019 Assessment Year:2010-11 2

CIT(A) has not decided the appeal on merits. The provision of section 250 which deals with the procedure in appeal before the CIT(A), allows a right to an assessee to be heard at the time of hearing of appeal. Even the natural justice demands that no appeal should be disposed of without being heard the party or without giving him the proper and sufficient opportunity. I are of the view from the facts of the case that the assessee has not been given proper and sufficient opportunity before disposing of the appeal by the CIT(A). I, therefore, in the interest of justice and fair play to both the parties, set aside the order of CIT(A) and restore the appeal to the file of the CIT(A) with the direction that the CIT(A) shall refix the said appeal and decide the appeal afresh after giving proper and sufficient opportunity of being heard to the assessee. The assessee is also directed to be present on the date of hearing fixed by learned CIT(A) and not seek undue adjournment and co-operate with learned CIT(A) in disposing of the appeal.

In the result, the appeal filed by the assessee is allowed for statistical purposes.

(Order pronounced in the open court on 02/08/2019)

Sd/. ( T. S. KAPOOR ) Accountant Member Dated:02/08/2019 *Singh

Copy of the order forwarded to : 1. The Appellant 2. The Respondent. 3. Concerned CIT 4. The CIT(A) 5. D.R., I.T.A.T., Lucknow

SHRI AMIT AGARWAL,BAREILLY vs. INCOME TAX OFFICER, WARD-1(1), BAREILLY

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