LATE SHRI WIRENDRA SINGH BOLIA,MANIK BAGH ROAD INDORE vs. JURISDICTIONAL AO, INDORE/INCOME TAX OFFICER, NFAC , INDORE/DELHI
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Income Tax Appellate Tribunal, INDORE BENCH, INDORE
Before: SHRI B.M. BIYANI & SHRI PARESH M. JOSHI
आदेश/ O R D E R
Per B.M. Biyani, A.M.:
Feeling aggrieved by order of first-appeal dated 12.08.2024 passed by learned Commissioner of Income-Tax (Appeals)-NFAC, Delhi [“CIT(A)”] which in turn arises out of assessment-order dated 30.03.2022 passed by learned ITO, National Faceless Assessment Centre, Delhi [“AO”] u/s 147 r.w.s. 263 of Income-tax Act, 1961 [“the Act”] for Assessment-Year [“AY”] 2010-11, the assessee has filed this appeal on the grounds mentioned in Appeal Memo (Form No. 36).
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Late Shri Wirendra Singh Bolia ITA No. 712/Ind/2024 - AY 2010-11 2. On hearing learned Representatives of both sides, it emerges that the
CIT(A) has decided first-appeal ex-parte qua assessee for the reason that the
assessee did not make any submission before him despite opportunities
given vide notices dated 01.05.2024, 12.07.2024 and 29.07.2024. It is
further observed that the CIT(A) has simply confirmed the order passed by
AO and thereby upheld the additions but the grounds/issues raised by
assessee in first-appeal requires an apt adjudication by CIT(A) on merit in
accordance with provisions of 250(6) of the Act which provides “The order of
the Commissioner (Appeals) disposing of the appeal shall be in writing and
shall state the points for determination, the decision thereon and the reason
for the decision.”. Ld. AR for assessee submits that the original assessee
“Shri Wirendra Singh Bolia” had already expired and his wife “Smt. Jasbir
Kaur Bolia” is representing as Legal Heir. He further submits that the Legal
Heir is also 96 years old and due to her advanced age, she was unable to
make representation before CIT(A). He also pointed out that Ld. CIT(A) fixed
three hearings within a very short span time also. He submits that the Legal
Heir is ready and willing to make representation before CIT(A) if an
opportunity is given and hence prays that in the interest of justice, the
present matter should be remanded to CIT(A) for an apt adjudication.
Ld. DR for revenue agrees with the prayer of Ld. AR but makes a
request to direct the Legal Heir to make representation before CIT(A) and do
not seek unnecessary adjournments.
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Late Shri Wirendra Singh Bolia ITA No. 712/Ind/2024 - AY 2010-11 4. Considering above submissions and also having regard to the
principle of natural justice and fair play, we deem it fit to remand this
matter back to the file of CIT(A) for adjudication afresh. The CIT(A) shall give
necessary opportunity of hearing to assessee and pass an appropriate order.
The CIT(A) will dispose of this matter in an expeditious manner since
the Legal Heir is 96 years old and running in her advanced age. The
assessee is also directed to ensure participation in the hearings as may be
fixed by CIT(A) and do not seek unnecessary adjournments failing which the
CIT(A) shall be at liberty to pass appropriate order in accordance with law.
Ordered accordingly.
Resultantly, this appeal is allowed for statistical purpose.
Order pronounced in open court on 24/03/2025
Sd/- Sd/-
(PARESH M. JOSHI) (B.M. BIYANI) JUDICIAL MEMBER ACCOUNTANT MEMBER
Indore िदनांक/Dated : 24/03/2025 Patel/Sr. PS Copies to: (1) The appellant (2) The respondent (3) CIT (4) CIT(A) (5) Departmental Representative (6) Guard File By order UE COPYSr. Private Secretary Income Tax Appellate Tribunal Indore Bench, Indore
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