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Facts
The assessee filed six appeals against ex-parte orders passed by the CIT(A) for AYs 2013-14 to 2018-19. The assessee contended they were not computer literate and thus failed to respond to the CIT(A)'s hearing notices, which led to the confirmation of the AO's additions without their representation.
Held
The Tribunal observed the ex-parte nature of the CIT(A)'s orders and, in the interest of natural justice and equity, restored all appeals to the file of the CIT(A) for fresh adjudication. The assessee was directed to cooperate with the Revenue and avoid unnecessary adjournments.
Key Issues
1. Whether the CIT(A) was justified in passing ex-parte orders due to the assessee's non-response to notices. 2. Whether the appeals should be restored to the CIT(A) for fresh adjudication in the interest of natural justice, considering the assessee's claim of lack of computer literacy.
Sections Cited
250
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, COCHIN BENCH
Before: SHRI GEORGE GEORGE K., VP & SHRI INTURI RAMA RAO, AM
O R D E R Per: George Gorge K., VP These appeals at the instance of assessee are directed against six separate orders of the Commissioner of Income Tax (Appeals)-3, Kochi [CIT(A)] (all orders are dated 15.10.2024) passed u/s. 250 of Income Tax Act, 1961 (hereinafter "the Act"). The relevant assessment years (AYs) 2013-14 to 2018-19. 2. Since common issues are involved in all these appeals, they were heard together and are being disposed off vide this consolidated order.
to 1032/Coch/2024 Assainar Thevaroth 3. At the very outset we notice that the CIT(A) has passed exparte orders since the assessees did not respond to the hearing notices issued by the office of the CIT(A). The learned A.R. submitted that the assessees are not computer literates and has failed to take notice of the hearing notices issued from the office of the first appellate authority. Hence it was prayed that in the interest of natural justice and equity the matter may be restored to the files of the CIT(A).
On the other hand, the learned Sr. DR supported the orders of the AO making addition and the CIT(A) confirming the same.
We have heard the rival submissions and perused the material on record. We find that these the CIT(A)’s orders are exparte orders since the assessees did not respond to the hearing notices nor filed written submissions. As a last opportunity, in the interest of justice and equity, we restore these appeals to the file of the CIT(A). The assessee is directed to cooperate with the Revenue and shall not seek unnecessary adjournments. It is ordered accordingly.
In the result, all the appeals filed by the assessees are allowed for statistical purposes. Order pronounced in the open court on 3rd April, 2025.