SANJAY BABASAHEB PATIL,,KOLHAPUR vs. ASSISTANT COMMISSIONER OF INCOME-TAX, (CENTRAL), CIRCLE, , KOLHAPUR

This appeal by the assessee against the order dated 27-12-2017 passed by the Commissioner of Income Tax (Appeals)-11, Pune [‘CIT(A)’] for assessment year 2008-09.

We note that this appeal was filed with a delay of 190 days. After hearing both the parties, we find that the reasons stated by the assessee are bonafide which really prevented the assessee to file the present appeal in time. Therefore, the delay of 190 days are condoned.

At the outset, the ld. AR submitted that the order passed by the ld. CIT(A) is an ex-parte order. The ld. CIT(A) went on to pass an order based on the material available on record namely, statement of facts and grounds of appeal as per Form-35 while filing the appeal before the First Appellate Authority. The ld. AR prayed that one final opportunity may be provided to the assessee so that the matter may be discussed and represented on merits before the ld. CIT(A) and therefore, it should be restored to the file of ld. CIT(A).

Heard both the parties and perused the material available on record. We note that it is an ex-parte order where rights and liabilities of the assessee were not adjudicated upon. Since there was no appearance on record by the assessee and order of ld. CIT(A) was based only on materials available on records i.e. statement of facts, grounds of appeal filed by the assessee and the assessment order, the assessee should be given one final opportunity to defend his case through proper documentary evidences. In the interest of justice, we therefore, set aside the order of ld. CIT(A) and restore the matter back to his file for adjudication after providing reasonable opportunity of hearing to the assessee and at the same time, the assessee is directed to present himself before the ld. CIT(A) immediately on receipt of this order to represent his case on merits. Any service of notice is dispensable.

In the result, appeal of the assessee is allowed for statistical purposes.