DHARAM VIR SINGH,GHAZIABAD vs. ITO, WARD-1(2), GHAZIABAD

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ITA 673/DEL/2019Status: DisposedITAT Delhi03 July 2019AY 2008-092 pages
AI SummaryRemanded

What did the Tribunal hold?

The Tribunal remanded the case back to the CIT(A) for adjudication on merits. The CIT(A) was directed to consider the assessee's material and call for a remand report if necessary.

What were the facts?

The assessee failed to appear before the CIT(A) due to low literacy and inability to understand notices. The assessee requested a chance to appear and submit documents, to which the Revenue conceded.

What were the issues?

Whether the assessee should be given an opportunity to present their case before the CIT(A) despite previous non-compliance due to literacy issues.

AI-generated summary — verify with the full judgment below

Before: Shri H.S. Sidhu & Shri B.R.R. Kumar

Hearing: 21.06.2019Pronounced: 03.07.2019

Date of Hearing 21.06.2019 Date of Pronouncement 03.07.2019 ORDER Per BRR Kumar, A.M.: Before us, during the hearing of the stay petition, it was argued that owing to the low literacy, the assessee could not properly understand the notices and hence, could not attend the hearing before the Ld. CIT(A). The ld. AR pleaded that, given a chance, he would appear and submit all relevant documents before the authorities for which ld. DR has fairly conceded to the proposal. Hence, keeping in view the facts and circumstances, we feel that interest of justice would be well served and no prejudice would be caused to the Revenue, if the case is remanded back to the file of the ld. CIT(A) for adjudication on merits. The ld. CIT(A) may take in consideration the material/evidence given by the assessee and may call for remand report, as deemed fit, as per provisions of law. The assessee is directed not to seek unnecessary adjournment and comply to all the notices issued by the Revenue and furnish all the details relevant for completion of the appellate proceedings.

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