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Income Tax Appellate Tribunal, DELHI BENCH ‘B’ NEW DELHI
Before: SHRI SUDHANSHU SRIVASTAVA & SHRI O.P. KANT
PER SUDHANSHU SRIVASTAVA, JM: This appeal has been preferred by the assessee against the
order of the ld. Commissioner of Income Tax(A)-21, New Delhi
dated 10.01.2017 and pertains to assessment year 2008-09.
2.0 At the outset, the ld. AR submitted that the order of the ld.
CIT(A) was passed ex parte because the notice of hearing could
not be served on the assessee as the assessee was an expatriate.
The ld. AR submitted that now the assessee has appointed him as
the authorised representative for the income tax proceedings and
ITA No. 1012/Del/2017 Assessment year 2008-09
he assured the Bench that if given the opportunity, the case of
the assessee will be represented before the ld. CIT(A).
2.1 The ld. Sr. DR had no objection to the appeal being restored
to the file of the ld. CIT(A).
2.2 Accordingly, in view of the submissions by both the parties,
we restore this issue to the office of the ld. CIT(A) and direct the
authorised representative to appear before the ld. CIT(A) on 10th
October, 2019. The ld. CIT(A) is directed to adjudicate the issues
in the appeal afresh after giving due opportunity to the assessee
to present its case.
In the result, the appeal of the assessee stands allowed for
statistical purposes.
Order pronounced in the open court on 30th July, 2019.
Sd/- Sd/-
(O.P. KANT) (SUDHANSHU SRIVASTAVA) ACCOUNTANT MEMBER JUDICIAL MEMBER
Dated: 30th JULY, 2019 ‘GS’
ITA No. 1012/Del/2017 Assessment year 2008-09