SUBHASHCHANDRA R CHECHANI,JALNA vs. ASSISTANT COMMISSIONER OF INCOME-TAX, CENTRAL CIRCLE - 1, AURANGABAD

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ITA 157/PUN/2022Status: HeardITAT Pune29 March 2022AY 2012-133 pages

In favour of the assessee: the assessee's appeal was allowed. From the AI summary of this appeal.

AI SummaryAllowed

What did the Tribunal hold?

The Tribunal found that both the assessment and appeal proceedings were conducted ex parte. Therefore, to ensure fairness, the impugned orders were set aside and the matter was restored to the AO for fresh assessment after granting a reasonable opportunity of hearing.

What were the facts?

The assessment orders were passed ex parte under Section 144 r.w.s. 147. The appeals before the CIT(Appeals) were dismissed due to non-response to notices, with the assessee claiming inadequate opportunity.

What were the issues?

Whether the assessee was denied a reasonable opportunity of hearing in both the assessment and appellate proceedings.

Which sections of the Income-tax Act were involved?

Section 144,Section 147

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, PUNE BENCH “SMC”, PUNE

Before: SHRI R.S. SYAL

For Respondent: Shri S.P. Walimbe

Heard together (2 matters)

ITA No.157 /PUN/2022
ITA No.158 /PUN/2022

Read from the judgment's own cause title. This page is filed under one of them.

आदेश / ORDER

PER R.S.SYAL, VP :

1.

These two appeals by the related but different assessees arise out of the orders passed by the CIT(Appeals)-12, Pune on 29-10- 2021 in relation to the assessment year 2012-13. Since both the appeals are based on similar facts and identical grounds, I am, therefore, proceeding to dispose them off by this consolidated order for the sake of convenience.

2.

Shorn off unnecessary details, it is seen that the assessment orders in both the cases were passed u/s.144 r.w.s.147 of the Act making certain additions. Appeals were filed by both the assessees before the ld. CIT(A), who issued certain notices which remained unresponded. As a result of that, both the appeals came to be dismissed. The case of the assesses is that adequate opportunity of hearing was not granted by both the authorities. Considering the entirety of the facts and circumstances prevailing in the instant cases, wherein the assessment orders were also framed ex parte u/s.144 and the appeals were also disposed of in the absence of the assessee, I am of the considered opinion that it would be just and fair if the impugned orders are set-aside and the matter is restored to the file of AO. I order accordingly and direct him to frame the assessments afresh as per law and after allowing reasonable opportunity of hearing to the assessee.

3.

In the result, both the appeals are allowed for statistical purposes. Order pronounced in the Open Court on 29th March, 2022.

(R.S.SYAL) उपा�य�/ VICE PRESIDENT पुणे Pune; �दनांक Dated : 29th March, 2022 Satish

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