THE NORTHERN ZONE RAILWAY EMPLOYEES CO-OPERATIVE THRIFT& CREDIT SOCIETY LTD.,NEW DELHI vs. ITO WARD-52(1), NEW DELHI

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ITA 4553/DEL/2019Status: DisposedITAT Delhi30 September 2019AY 2015-163 pages
AI SummaryRemanded

What did the Tribunal hold?

The Tribunal set aside the CIT(A)'s order and remitted the issues back for fresh adjudication. The assessee was directed to appear before the CIT(A) on a specific date to present their case and cooperate in the proceedings.

What were the facts?

The assessee's appeal was against an ex-parte order passed by the CIT(A). The assessee contended that they were not given sufficient opportunity to present their case and that they possessed necessary evidence.

What were the issues?

Whether the CIT(A) erred by passing an ex-parte order without providing adequate opportunity of being heard to the assessee.

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, DELHI BENCH: ‘SMC’ NEW DELHI

Before: SHRI H. S. SIDHU

For Appellant: Adv. & Sh. Ashvini

ORDER This appeal is filed by assessee against the Order dated 03.04.2019 passed by the Ld. CIT(A)-18, New Delhi relating to Assessment Year 2015-16.

2.

Facts narrated by the revenue authorities are not disputed by both the parties, hence, the same are not repeated here for the sake of brevity.

3.

During the hearing, Ld. counsel for the assessee has stated that Ld. CIT(A) has not given sufficient opportunity to the assessee for substantiating the claim to the assessee and passed the exparte order without hearing the assessee. He further stated that assessee is having all the necessary evidences for substantiating the claim of the assesee. Hence, he requested that the issues in dispute may be remitted back to the file of the Ld. CIT(A) to decide the same afresh, as per law after giving adequate opportunity of being heard to the assessee.

4.

On the contrary, Ld. DR relied upon the orders of the revenue authorities.

5.

I have heard both the parties and perused the records especially the orders of the revenue. No doubt that the assessee remained non- cooperative before the Ld. CIT(A). Ld. Counsel for the assessee undertakes to appear before the Ld. CIT(A) and will cooperate in speedy disposal of the appeal as well as not seek any unnecessary adjournment before the Ld. CIT(A). In the interest of justice, I set aside the issues in dispute to the file of the Ld. CIT(A) for hearing on 26.11.2019 at 10.00 AM with the directions to decide the same afresh, after giving adequate opportunity of being heard to the assessee. It is made clear that no notice for hearing will be issued by the Ld. CIT(A). Assessee is also directed through its Counsel to appear before the Ld. CIT(A) on 26.11.2019 at 10.00 AM for hearing to substantiate its case and did not take any unnecessary adjournment in the case.

6.

In the result, the appeal filed by the assessee stands allowed for statistical purposes.

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