M/S KAILASH ROLLER FLOUR MILLS,GANGTOK vs. ITO-3(1), GANGTOK
What did the Tribunal hold?
The Tribunal held that the CIT(A) failed to provide a proper opportunity to the assessee before passing ex parte orders. Therefore, the impugned orders were set aside and restored to the file of the CIT(A) for fresh adjudication on merits.
What were the facts?
The assessee preferred appeals against ex parte orders passed by the CIT(A). No one appeared on behalf of the assessee before the ITAT. The ITAT noted that the CIT(A) had passed ex parte orders without giving proper opportunity to the assessee.
What were the issues?
Whether the CIT(A) erred in passing ex parte orders without affording a proper opportunity of being heard to the assessee.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, “C(SMC
Before: Shri A. T. Varkey, JM]
ORDER All these appeals preferred by the assessee are against the separate orders of the Ld.CIT(A), Siliguri dated 19.09.2019 for AYs 2011-12 to 2013-14 and dated 19.06.2019 for AYs. 2015-16 to 2016-17.
None appeared on behalf of the assessee. However, on a perusal of the appeal and the impugned order it is discerned that the Ld. CIT(A) has passed ex parte orders. It should be kept in mind that the Ld. CIT(A) while exercising his power as First Appellate Authority should give proper opportunity to the assessee and thereafter should have decided the appeal as prescribed u/s. 250(6) of the Income-tax Act, 1961 (hereinafter referred to as the “Act”). Since there is a per-se failure in doing so, in the interest of justice and fair play, I set aside the impugned orders of the Ld. CIT(A) and restore the appeals back to the file of the Ld. CIT(A) to be decided on merits. The assessee is directed to be diligent and to appear/file written submission/documents to substantiate its case before the Ld. CIT(A); and the Ld. CIT(A) to pass reasoned orders as prescribed u/s. 250(6) of the Act and in accordance to law. Therefore, all the appeals of the assessee are allowed for statistical purposes. to 401`/Kol/2020 Kailash Roller Flour Mills P. Ltd., AYs 2011-12 to 2013-14 & 2015-16-2016-17 3. In the result, all the appeals of assessee are allowed for statistical purpose.
Order is pronounced in the open court.
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