N.K.R.SHANMUGAM,PONDICHERRY vs. ITO WARD 3, PONDICHERRY

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ITA 963/CHNY/2019Status: DisposedITAT Chennai04 March 2022AY 2010-113 pages
AI SummaryRemanded

What did the Tribunal hold?

The ITAT set aside the CIT(A)'s order and remanded the matter back for a fresh consideration. The CIT(A) was directed to provide a reasonable opportunity of hearing to the assessee.

What were the facts?

The assessee failed to appear before the CIT(A) for multiple hearings, leading to the dismissal of their appeal. The CIT(A) had sustained the AO's findings without independent consideration.

What were the issues?

Whether the CIT(A) properly adjudicated the appeal on merits when the assessee failed to appear, and if the CIT(A) provided adequate opportunity for the assessee to present their case.

Which sections of the Income-tax Act were involved?

Section 143(3),Section 263

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, ‘C’ BENCH, CHENNAI

Before: SHRI MAHAVIR SINGHAND SHRI GIRISH AGRAWAL

Hearing: 02.03.2022Pronounced: 04.03.2022

आदेश /O R D E R PER MAHAVIR SINGH, VP: This appeal is arising out of order by learned Commissioner of Income Tax (Appeals), Puducherry, in 18, dated 28.01.2019 for assessment year 2010-11 against the assessment made u/s.143(3) r.w.s. 263 of the Income Tax Act, 1961 (hereinafter ‘the Act’), vide order dated 28.12.2017.

1.

2 2. Before us, none appeared for the assessee and Revenue was represented by ld. Senior DR, Shri G.Johnson.

3.

On perusal of the order of ld.CIT(A), it is noted that in the first appellate stage also, the assessee was represented by none. The ld.CIT(A) has noted about several hearings fixed for giving opportunity to the appellant to make his case. However, the assessee failed to avail the opportunities and did not make the required submissions to defend his case. The ld.CIT(A) proceeded to dispose off the appeal based on material available on record. From the perusal of order of ld.CIT(A) it is observed that findings of the ld.AO have been sustained / confirmed simpliciter without giving his own independent findings on the issues involved. We find that in the interest of justice and fair play, it will be appropriate for the ld.CIT(A) to re-consider the matter by giving reasonable opportunity of hearing to the assessee by calling required submissions and documentary evidences to support the case. The appellate authority has to decide the appeal on merits even in the absence of assessee and not to dismiss it for default. As in the present case, the CIT(A) has only simpliciter confirmed the AO’s order, in term of the above observation, we set aside the order of ld.CIT(A) and remand the matter back to his file for meritorious disposal by 3 affording reasonable opportunity of hearing to the assessee. Needless to say, the assessee is also directed to attend the hearings and co-operate in the matter for adjudication and disposal of the appeal before the ld.CIT(A).

4.

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

Order pronounced in the court on 4th March, 2022 at Chennai.

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