M/S. THE CHITRADURGA DISTRICT COOPERATIVE CENTRAL BANK LTD,CHITRADURGA vs. THE ASST. COMMISSIONER OF INCOME TAX CIRCLE-2(1), DAVANAGERE

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ITA 282/BANG/2019Status: DisposedITAT Bangalore10 November 2020AY 2014-154 pages
AI SummaryRemanded

What did the Tribunal hold?

The ITAT found that the CIT(A) passed a cryptic order without considering the assessee's evidence. Therefore, the matter was remanded to the CIT(A) for a detailed order on merits, ensuring proper opportunity of hearing.

What were the facts?

The assessee's appeal before the CIT(A) was dismissed without granting an opportunity of being heard, despite a request for adjournment. The CIT(A) disposed of the appeal based on available material, finding no interference with the AO's order.

What were the issues?

Whether the CIT(A) erred in dismissing the appeal without providing an adequate opportunity of being heard to the assessee.

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, ‘C’ BENCH : BANGALORE

Before: SHRI CHANDRA POOJARI & SMT. BEENA PILLAI

For Appellant: Shri M Narasimharaju, Addl. CIT
For Respondent: Shri M Narasimharaju, Addl. CIT

Date of Hearing : 10-11-2020 Date of Pronouncement : 10-11-2020 ORDER PER BEENA PILLAI, JUDICIAL MEMBER Present appeal initially filed by assessee against order dated 17/12/2018 passed by ld CIT(A), Davangere for assessment year 2014-15. 2. It has been submitted by ld.AR that no opportunity of being heard was granted to assessee and assessee had sought short adjournment on the date of hearing. Ld.AR submitted that, subsequently Ld.CIT(A) disposed of the appeal by observing as under:- “5b. The case was adjourned for a later date, for which there was no compliance from the AR. However, when the case was reposted for hearing, none appeared. Therefore, the appeal is disposed off based on the material available on record. 5c. I have perused the order the AO, the submissions made and the material available on record. The AO has in detail discussed in the order as to why the difference in accrued interest is brought to tax and also the difference on account consequent to computerization. The appellant has also not produced any details before me also to substantiate the claim. I therefore, hold that the order of the AO needs no interference. Thus, all the grounds relating to first four issues are dismissed.”

2.

We note that ld.CIT(A) has passed cryptic order without considering the evidences filed by assessee. Accordingly in the interest of justice we remand the matter to ld.CIT(A) to pass a detailed order on merits. Needless to say that proper opportunity of being heard must be granted to assessee. Ld.CIT(A) is directed to pass a detailed order on the issues alleged by assessee having regard to the evidences/documents filed by assessee in accordance with law. In the result, appeal filed by the assessee is allowed for statistical purposes. Order pronounced in the open court on 10th Nov, 2020 Sd/- Sd/- (CHANDRA POOJARI) (BEENA PILLAI) Accountant Member Judicial Member Bangalore, Dated, the 10th Nov, 2020.

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