GANESH SHIVAJI AFRE,JALGAON vs. DEPUTY COMMISSIONER OF INCOME TAX - CIRCLE 1, JALGAON
What did the Tribunal hold?
The Tribunal found that the impugned order was passed ex parte without a reasonable opportunity for the assessee. Therefore, the order was set aside and the matter was remitted back to the NFAC.
What were the facts?
The assessee filed a return of income, and the assessment was completed with an addition under Section 68. The assessee's first appeal before the NFAC was dismissed ex parte due to non-response.
What were the issues?
Whether the NFAC order passed ex parte without granting a reasonable opportunity of hearing to the assessee is sustainable.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, PUNE BENCH “SMC”, PUNE
Before: SHRI R.S. SYAL
Assessee by None Revenue by Shri Kalpesh Kumar Rupavatiya Date of hearing 09-12-2022 Date of pronouncement 09-12-2022 आदेश / ORDER PER R.S. SYAL, VP : This appeal by the assessee is directed against the order passed by National Faceless Appeal Centre (NFAC), Delhi on 23.09.2022 in relation to assessment year 2017-18.
There is a small delay of 02 days in presenting this appeal before the Tribunal. I, ergo, condone the delay and admit the appeal for disposal on merits.
The assessee in this appeal is aggrieved by certain addition confirmed in the first appeal.
The factual matrix of the case is that the assessee filed return of income declaring total income at Rs.14,48,950. The assessment was completed at total income of Rs.18,94,500 after making addition u/s 68 of the Income-tax Act, 1961. The assessee preferred first appeal before the ld. CIT(A). Though certain opportunities were given by the NFAC, but the assessee remained quiet and did not respond. Accordingly, the NFAC dismissed the appeal, on merits.
I have heard the ld. DR and perused the record. The assessee did not participate in the proceedings before the Tribunal despite notice. As such, I am proceeding to dispose off the appeal ex parte qua the assessee. It is seen that the impugned order has been passed ex parte in the absence of the assessee. In view of the above factual background prevailing in the extant case, I am of the opinion that it would be just and fair if the impugned order is set-aside and the matter is remitted to the file of the NFAC with a direction to pass order afresh as per law after allowing a reasonable opportunity of hearing to the assessee. I order accordingly. Needless to say, the assessee will be at liberty to lead any fresh evidence in support of his case. 6. In the result, appeal is allowed for statistical purposes. Order pronounced in the Open Court on 09th December, 2022.
Sd/- (R.S.SYAL) उपाध्यक्ष/ VICE PRESIDENT पुणे Pune; ददिधांक Dated : 09th December, 2022 GCVSR आदेश की प्रतितिति अग्रेतिि/Copy of the Order is forwarded to: 1. अपीलार्थी / The Appellant; 2. प्रत्यर्थी / The Respondent 3. The concerned CIT(A), Pune 4. The concerned Pr.CIT, Pune 5. DR, ITAT, „SMC‟ Bench, Pune 6. गार्ड फाईल / Guard file. आदेशानुसार/ BY ORDER, // True Copy // Senior Private Secretary आयकर अपीलीय अधिकरण ,पुणे / ITAT, Pune
Date 1. Draft dictated on 09-12-2022 Sr.PS 2. Draft placed before author 09-12-2022 Sr.PS 3. Draft proposed & placed before - JM the second member 4. Draft discussed/approved by - JM Second Member. 5. Approved Draft comes to the Sr.PS Sr.PS/PS 6. Kept for pronouncement on Sr.PS 7. Date of uploading order Sr.PS 8. File sent to the Bench Clerk Sr.PS 9. Date on which file goes to the Head Clerk 10. Date on which file goes to the A.R. 11. Date of dispatch of Order.
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