GEETA SINGH,GHAZIABAD vs. ITO, WARD-1(2), GHAZIABAD
What did the Tribunal hold?
The Tribunal found that although the assessee was non-cooperative, they were not given sufficient opportunity to present their case. Therefore, the issues were remitted back to the Assessing Officer for a fresh decision.
What were the facts?
The assessee's appeal was filed against the order of the CIT(A). The assessee contended that they were not given sufficient opportunity to substantiate their claims before the revenue authorities.
What were the issues?
Whether the assessee was provided with adequate opportunity of hearing by the revenue authorities to substantiate their claims.
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, DELHI BENCH ‘SMC’ : NEW DELHI
Before: SHRI H.S. SIDHU
ORDER Assessee has filed this appeal against the impugned order dated 30.11.2018 passed by Ld. CIT(A), Ghaziabad. . 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 convenience.
At the time of hearing, Ld. Counsel for the assessee has stated that AO as well as Ld. CIT(A) has not given sufficient opportunity for substantiating the claim of the assessee. He requested that the issues in dispute may be set aside to the file of the AO for deciding the same afresh, after giving adequate opportunity of hearing to the assesee with the liberty to file the necessary evidences and undertakes that assessee will not take any unnecessary adjournment.
On the contrary, Ld. DR has not raised any serious objection on the request of the Ld. Counsel for the assessee.
I have heard both the parties and perused the records especially the orders of the revenue authorities. I find that the assessee remain non- 1 cooperative before the both the authorities. But in my view sufficient opportunity of hearing for substantiating the claim of the assessee has not been given by both the revenue authorities to the assessee. Therefore, in the interest of justice, the issues in dispute are remitted back to the file of the Assessing Officer to decide the same afresh, after giving adequate opportunity of being heard to the assessee and accept all the evidences filed by the assessee. However, keeping in view the non- appearance before the AO, the assessee is directed through his counsel to appear before the Assessing Officer on 22.10.2019 at 10.30 AM for substantiating his claim. It is made clear that no notice of hearing may be issued by the AO, as this order has been pronounced in the Open Court and the Ld. Counsel for the assessee has endorsed the same on the file.
In the result, the Appeal of the Assessee is allowed for statistical purposes.
Order pronounced on this 08th day of July, 2019.
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