DINESH KUMAR SUTHAR,MUMBAI vs. DY CIT CC-2(4), MUMBAI
What did the Tribunal hold?
The Tribunal condoned the delay and admitted the appeal. It held that principles of natural justice require providing the assessee another opportunity to present their case with evidence before the CIT(A).
What were the facts?
The assessee filed an appeal before the Tribunal with a delay. The CIT(A) had passed an ex-parte order without providing sufficient opportunity to the assessee to present evidence.
What were the issues?
Whether the CIT(A) erred by passing an ex-parte order without affording adequate opportunity of hearing and evidence submission 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, “D” BENCH, MUMBAI
Before: SHRI PRAMOD KUMAR & SHRI PAVAN KUMAR GADALE
20/11/2020 सुनवाई क" तार"ख / Date of Hearing घोषणा क" तार"ख /Date of Pronouncement 03/12/2020 आदेश / O R D E R
PER PAVAN KUMAR GADALE - JM:
The assessee has filed an appeal against the order of Commissioner of Income Tax (Appeals) -48, Mumbai passed u/s. 271AAB and 250 of the Income Tax Act, 1961.
At the time of hearing, the Ld. Counsel for the assessee submitted that there is a delay in filing the Dinesh Kumar Suthar, Mumbai. appeal before the Tribunal and filed the condonation petition along with affidavit. Further, the Ld CIT(A) has passed an ex-parte order and the assessee has to file evidences on the disputed issue, which goes to the roots of the case and prayed for an opportunity to substantiate the case before the CIT(A). Contra, Ld. DR has no specific objection.
We heard the rival submissions and perused the material on record. We found the facts mentioned in the condonation petition are reasonable and accordingly condone the delay and admit the appeal. Since the Ld CIT(A) has passed the ex-parte order without providing ample opportunity of hearing to the assessee and the assessee has to file evidences as envisaged by the LdAR. We Considering the principles of natural justice shall provide one more opportunity to the assessee to substantiate its case before the CIT(A) with evidences. The assessee should be provided adequate opportunity of hearing and shall cooperate in submitting the information for early disposal of the appeal and allow the grounds of appeal of the assessee for statistical purposes.
Dinesh Kumar Suthar, Mumbai. 4. In the result, the appeal filed by the assessee is allowed for statistical purposes.
More judgments on Section 271AAB
- M/S Amrit Cement Limited, Opposite Horse… vs DCIT, Central Cir 4(1), Kolkata, Aayakar…ITA 1564/KOL/2026[2017-18]Status: Disposed13 Oct 2026AY 2017-18
- Amrit Cement Limited, Opposite Horse Shoe… vs DCIT, Central Cir 4(1), Kolkata, Aayakar…ITA 1559/KOL/2026[2016-17]Status: Disposed13 Oct 2026AY 2016-17
- M/S Amrit Cement Limited, Opposite Horse… vs DCIT, Central Cir 4(1), Kolkata, Aayakar…ITA 1558/KOL/2026[2015-16]Status: Disposed13 Oct 2026AY 2015-16
- M/S Amrit Cement Limited, Opposite Horse… vs DCIT, Central Cir 4(1), Kolkata, Aayakar…ITA 1557/KOL/2026[2013-14]Status: Disposed13 Oct 2026AY 2013-14
- M/S Amrit Cement Limited, Opposite Horse… vs DCIT, Central Cir 4(1), Kolkata, Aayakar…ITA 1556/KOL/2026[2012-13]Status: Disposed13 Oct 2026AY 2012-13
Recent GST High Court judgments
Search GST case law →- Ajay Kumar @ Ajay Sharma vs. Union Of INDIA Rep Thr The Intelligence Officer, Directorate General Of GST Intelligence (Dggi)Jharkhand · 29 Oct 2026
- M/S Maa Shila Traders vs. The State Of BiharPatna · 29 Oct 2026
- M/S Ashish Enterprises vs. Assistant Commissioner Gsto Ward No. 86Delhi · 29 Oct 2026
- M/S Om.S.R. Construction, Through Its Proprietor Mr. Kuldeep Sharma vs. The State Of Jharkhand Through Its Commissioner, Commerical Tax DepartmentJharkhand · 28 Oct 2026
- M/S. Bhanwal Trading And Company vs. The Union Of INDIARajasthan · 28 Oct 2026