SANGOLA TALUKA SSK LTD,PUNE vs. ASSISTANT COMMISSIONER OF INCOME TAX, CIRCLE -2, PUNE

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ITA 681/PUN/2019Status: DisposedITAT Pune15 June 2022AY 2012-133 pages
AI SummaryRemanded

What did the Tribunal hold?

The ITAT set aside the ex parte order of the CIT(A) and remitted the matter back for a fresh disposal on merits. The assessee was granted an opportunity to present its case and lead fresh evidence.

What were the facts?

The assessee's appeal was filed late by 725 days, but the delay was condoned. The assessee did not appear before the ITAT, and the CIT(A) had passed an ex parte order dismissing the appeal.

What were the issues?

Whether the CIT(A) followed principles of natural justice by passing an ex parte order without affording a proper hearing to the assessee.

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, PUNE BENCH, ‘B’ PUNE

Before: SHRI R.S. SYAL & SHRI PARTHA SARATHI CHAUDHURY

For Respondent: Shri Sardar Singh Meena

आदेश / ORDER

PER R.S. SYAL, VP : This appeal by the assessee is directed against the ex parte order passed by the CIT(A)-7, Pune on 24-02-2017 in relation to the assessment year 2012-13.

2.

This appeal is time barred by 725 days. An affidavit has been filed by the assessee explaining the reasons for the delay in filing the instant appeal. We are satisfied with such reasons. The delay is condoned and the appeal is admitted for disposal on merits.

3.

We have heard the ld. DR and perused the relevant material on record. There is no appearance from the side of the assesee despite notice. It is seen that the AO made various additions and computed the total income of the assessee at Rs.14,91,68,318/-. The ld. CIT(A) passed the order dismissing the appeal of the assessee ex parte. The assessee, vide ground No.3 of the appeal, has asserted that the ld. CIT(A) did not impart natural justice regarding the appellate proceedings. In the aforesaid factual background, we deem it appropriate to grant opportunity to the assessee for properly representing its case before the ld. first appellate authority. The impugned order is, ergo, set-aside and the matter is remitted to the file of the ld. CIT(A) with a direction to dispose of the appeal afresh on merits after allowing reasonable opportunity of hearing to the assessee. In such fresh proceedings, the assessee will be at liberty to lead any fresh evidence as he considers expedient for his case.

4.

In the result, the appeal is allowed for statistical purposes. Order pronounced in the Open Court on 15th June, 2022.

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