SUMITH GHOSH,NEW DELHI vs. ITO, WARD- 44(3), NEW DELHI

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ITA 2177/DEL/2018Status: DisposedITAT Delhi25 September 2019AY 2009-102 pages
AI SummaryRemanded

What did the Tribunal hold?

The Tribunal found that the assessee was non-cooperative before the CIT(A). However, in the interest of justice, the issues were remitted back to the CIT(A) for a fresh adjudication after giving adequate opportunity to the assessee.

What were the facts?

The assessee filed an appeal against an order of the CIT(A) for AY 2009-10. The assessee's counsel argued that the CIT(A) passed an ex-parte order without providing sufficient opportunity to be heard.

What were the issues?

Whether the CIT(A) erred in passing an ex-parte order without affording sufficient opportunity of hearing 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: CA & Sh. Satyajeet

ORDER This appeal is filed by assessee against the Order dated 28.12.2017 passed by the Ld. CIT(A)-15, New Delhi relating to Assessment Year 2009-10.

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. 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 did not raise any serious objection on the request of the Ld. Counsel for the Assessee.

5.

I have heard both the parties and perused the records, I find that assessee remained non-cooperative before the Ld. CIT(A). Keeping in view of the facts and circumstances of the present case and in the interest of justice, the issues in dispute requires to be adjudicated by the Ld. CIT(A), afresh. Therefore, I remit back the issues in dispute to the files of the Ld. Commissioner of Income Tax (Appeals) for hearing on 22.10.2019 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 his Counsel to appear before the Ld. CIT(A) on 22.10.2019 at 10.00 AM for hearing to substantiate his 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.

Order pronounced on 25/09/2019.

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