SHREE VAISHANAVI ISPAT LIMITED,KOLKATA vs. D.C.I.T.,CIRCLE-3(1), KOLKATA

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ITA 2/KOL/2020Status: DisposedITAT Kolkata17 November 2021AY 2014-152 pages
AI SummaryRemanded

What did the Tribunal hold?

The ITAT set aside the CIT(A)'s ex parte order and remanded the matter back for fresh adjudication. This was done to provide the assessee with an opportunity to present their case and evidence on merits, adhering to the principles of natural justice.

What were the facts?

The assessee's appeal was against an ex parte order passed by the CIT(A). No one appeared for the assessee before the ITAT, but the DR presented submissions. The ITAT noted that the merits of the case were not adjudicated by the CIT(A).

What were the issues?

Whether an ex parte order by the CIT(A) should be set aside to allow the assessee to present their case on merits.

Which sections of the Income-tax Act were involved?

Section 143(3)

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, “B”

Before: Shri P. M. Jagtap, Vice- & Shri Partha Sarathi Choudhury

order : November 17, 2021 ORDER Shri Partha Sarathi Choudhury, Judicial Member: This appeal preferred by the assessee emanates from the order of Ld. CIT(A)-10, Kolkata u/s 143(3) of the Act dated 05.11.2019 for the assessment year 2014-15 as per the grounds of appeal

on record.

2. In this case, none appeared for the assessee. The submissions of the Ld. DR were recorded and the case was heard on records. That on perusal of the order of the Ld. CIT(A), it is noticed that it is an ex parte order passed by the First Appellate Authority. The rights and liability of the parties herein are yet to be adjudicated by him on merits. That the Income Tax legislation is a welfare legislation, it is appropriate to provide one more opportunity to the assessee so that he may produce relevant details/evidences before the Ld. CIT(A) and represent their case on merits. The Ld. CIT(A) shall accordingly re-adjudicate the matter as per law complying with the principle of natural Assessment Year: 2014-15 Shree Vaishanavi Ispat Limited justice. In view thereof, we set aside the order of the Ld. CIT(A) and remand the matter back to the file accordingly. 3. In the result, the appeal of the assessee is allowed for statistical purposes. Order is pronounced in the open court on 17.11.2021.

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