MEENA ASHOK TOLANI,MUMBAI vs. ITO 29(2)(2), MUMBAI

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ITA 4241/MUM/2019Status: DisposedITAT Mumbai28 January 2021AY 2014-153 pages
AI SummaryRemanded

What did the Tribunal hold?

The Tribunal found that the CIT(A) order did not indicate that a notice of hearing was issued and served on the assessee. It concluded there was a violation of natural justice by not providing a reasonable opportunity of being heard.

What were the facts?

The assessee's appeal before the CIT(A) was disposed of ex-parte. The assessee claimed no notice of hearing was received, while the revenue stated an opportunity was given but not availed.

What were the issues?

Whether the CIT(A) properly issued notice and provided a reasonable opportunity of hearing to the assessee before disposing of the appeal ex-parte.

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, “SMC” BENCH, MUMBAI

Before: SHRI SAKTIJIT DEY

For Appellant: Shri Shailesh Bandi
For Respondent: Shri Sanjay J. Sethi

Date of Hearing – 10.12.2020 Date of Order – 28/01/2021

O R D E R Aforesaid appeal has been filed by the assessee challenging the order dated 22nd March 2019, passed by the learned Commissioner of Income Tax (Appeals)–40, Mumbai, for the assessment year 2014–15.

2.

The only grievance by the assessee before me is with regard to the ex–parte disposal of the appeal by the first appellate authority.

3.

The learned Counsel for the assessee submitted, the assessee has not received any notice of hearing from learned Commissioner (Appeals).

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4.

The learned Departmental Representative submitted, though, opportunity was given to the assessee, however, she did not avail it.

5.

Having considered rival submissions, I find from the impugned order of learned Commissioner (Appeals) that, though, he has mentioned that the appeal was posted for hearing on 20th March 2019, however, there is nothing in the order of learned Commissioner (Appeals) to suggest that any notice of hearing was issued and served on the assessee. Further, as it appears from the said order, the appeal was fixed for the first time on 20th March 2019 and disposed off on 22nd March 2019, that too, ex–parte without providing any further opportunity of being heard to the assessee. Having gone through the facts on record, I am of the firm opinion that there is clear violation of natural justice as the learned Commissioner (Appeals) has not provided a reasonable opportunity of being heard to the assessee while deciding the appeal. In view of the aforesaid, I set aside the impugned order of learned Commissioner (Appeals) and restore the issue back to his file for fresh adjudication after providing reasonable opportunity of being heard to the assessee. Grounds are allowed for statistical purposes.

6.

In the result, appeal is allowed for statistical purposes.

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