SHRI. SANKAPPA BHOJARAJ NAVALLI,GADAG vs. INCOME TAX OFFICER, WARD- 2, GADAG
What did the Tribunal hold?
The Tribunal found that the CIT(A) did not follow due process, rejected evidence without proper consideration, and passed a cryptic order. Therefore, the case was remanded back to the CIT(A).
What were the facts?
The assessee's appeal was against an order of the CIT(A) for AY 2017-18. The assessee argued that the CIT(A) rejected additional evidence and upheld the AO's order without considering it.
What were the issues?
Whether the CIT(A) erred by not admitting additional evidence and passing a cryptic order without due process.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, ‘A’ BENCH : BANGALORE
Before: SHRI CHANDRA POOJARI & SMT. BEENA PILLAI
Date of Hearing : 23-08-2021 Date of Pronouncement : 30-08-2021 ORDER PER BEENA PILLAI, JUDICIAL MEMBER Present appeal has been filed by assessee against order dated 03/12/2019 passed by the Ld.CIT(A), Hubli for assessment year 2017-18.
At the outset the Ld.AR submitted that assessment order passed was under section 144A of the Act. Subsequently before the Ld.CIT(A) assessee filed various details in the form of additional evidence that was not admitted. It has been submitted that the Ld.CIT(A) without considering the evidences has upheld the order of the Ld.AO.
We have perused the submissions advanced by both sides in light of records placed before us. 3.1 We note that the order passed by the Ld.CIT(A) is without following the due process of law. The additional evidence rejected by the Ld.CIT(A) deserves to be admitted in order to adjudicate the issues alleged before the 1st appellate authority. We also note that the order passed by the Ld.CIT(A) is a cryptic order. 3.2 Under such circumstances we deem it fit and proper to remand the appeal back to the Ld.CIT(A). Assessee is directed to file all relevant details and explanation sought by the Ld.CIT(A). The Ld.CIT(A) shall then verify all the details so filed by assessee. The Ld.CIT(A) is directed to follow the due process of law and to pass a speaking order by considering the evidences filed by assessee in support of its claim. Accordingly the grounds raised
by assessee stands allowed for statistical purposes. In the result appeal filed by assessee stands allowed for statistical purposes. Order pronounced in the open court on 30th Aug, 2021 Sd/- Sd/- (CHANDRA POOJARI) (BEENA PILLAI) Accountant Member Judicial Member Bangalore, Dated, the 30th Aug, 2021 /Vms/ Copy to:
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