SANJAY JAYANTILAL MEHTA,MUMBAI vs. JCIT-CIRCLE-11(3), MUMBAI
What did the Tribunal hold?
The Tribunal held that the CIT(A)'s orders were ex-parte and passed without affording the assessee a proper opportunity to be heard, thus rendering them illegal. The orders were set aside.
What were the facts?
The assessee's appeals were against ex-parte orders passed by the CIT(A) without providing an opportunity of being heard. The assessee had requested an adjournment due to the unavailability of their authorized representative.
What were the issues?
Whether the CIT(A) erred in passing ex-parte orders without granting the assessee an opportunity of being heard.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, “G” BENCH, MUMBAI
Before: SHRI MAHAVIR SINGH, VP & SHRI S. RIFAUR RAHMAN, AM
Heard together (2 matters)
Read from the judgment's own cause title. This page is filed under one of them.
आदेश / O R D E R भहावीय स िंह, उऩाध्मक्ष के द्वाया / PER MAHAVIR SINGH, VP: These appeals of the assessee are arising out of orders of the Commissioner of Income Tax (Appeals)]-7, Mumbai [in short CIT(A)], in Appeal Nos. CIT(A)-7/IT-99/66/2016-17, CIT(A)-7/IT- 49/123/2014-15 vide dated 30.05.2019 & 31.05.2019. The Assessments were framed by the Asst. /Jt. Commissioners of Income The only common issue in these two appeals of assessee is 2. against the ex-parte order passed by Commissioner of Income Tax (Appeals). For both the years, the assessee has raised identically worded ground. The facts and circumstances are also identical. Hence, we will take the facts and grounds from Assessment Year 2014-15 in which read as under:-
1. This is an appeal against the order passed by the Commissioner of Income tax (Appeals)-7, Mumbai, who has erred in making an exparte assessment, rejecting all the grounds of appeal raised before him without giving an opportunity of being heard, although he himself acknowledged our request for adjournment of appeal hearing of Assessment Year 2011-12, vide our letter dated 20.05.2019 submitted in his office on even date requesting him to fix up the appointment in 1st week of June. The office of the CIT had called the Chartered Accountant and had informed that he should come for hearing on 22nd May, 2019 and should not come on 16.05.2019. Please note that request for adjournment was made as the Authorized Representatives Shri Kartik L. Joshi was out of Mumbai and return to Mumbai in the end of May.
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