M/S. TECHNO SERVICES,KOLKATA vs. ITO, WARD - 63(3), KOLKATA
What did the Tribunal hold?
The ITAT set aside the order of the CIT(A) and remanded the matter back for fresh adjudication. The tribunal directed the CIT(A) to provide a proper opportunity of being heard to the appellant and consider all evidence.
What were the facts?
The assessee's appeal before the CIT(A) was decided ex parte as no one appeared on behalf of the appellant. The CIT(A) confirmed the AO's order. The assessee then filed an appeal before the ITAT.
What were the issues?
Whether the CIT(A) erred in deciding the appeal ex parte without affording a proper opportunity of hearing to the assessee.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
Cases cited in this judgment(1)Show listHide list
Detected automatically from the text. Citations are also linked where they appear in the judgment. The count shows how many other judgments on BharatTax rely on the same authority.
- CIT v. Multiplan India Ltd.2,267 citing38 ITD 320 · 1991 · ITAT
Income Tax Appellate Tribunal, “C” BENCH, KOLKATA
Before: Shri J.Sudhakar Reddy, AM & Smt. Madhumita Roy, JM ]
ORDER
Per Smt. Madhumita Roy, JM
The instant appeal filed by the Assessee is directed against the order dated 27-06-2018 passed by the Ld. CIT(A)-19, Kolkata arising out of assessment order dated 31-03-2016 passed by the ITO(The AO), Wd-63(3), Kol u/s. 143(3) of the Income Tax Act, 1961 (hereinafter referred to as “ the Act”) for the Assessment Years 2013-14.
At the time of hearing of the instant appeal, none appeared on behalf of the appellant. However from the records, it appears that the impugned order dated 27-06-2018 was passed ex parte. The Ld. CIT(A), following the judgment of CIT vs. Multi Plan India (P) Ltd reported in 38 ITD 320 (Del) decided the matter ex parte by confirming the order passed by the Ld.AO since none appeared on behalf of the appellant. It, therefore, appears admittedly that for some reasons of the other the case of the appellant was not duly presented before the Ld. CIT(A). Hence, for the ends of justice, we find it fit and proper to set aside the issue to the file of the Ld. CIT(A) to decide the same afresh upon giving a proper opportunity of being heard to the appellant and upon considering the evidence on record and any other evidence, which the appellant may choose to file at the time of hearing of the appeal. We
M/s. Techno Services also make it clear that the appellant would co-operate with the Ld. CIT(A) without asking for any unnecessary adjournment. No order as to cost.
In the result, the appeal of the assessee is allowed for statistical purpose. Order is pronounced in the open court on 18th November, 2020 Sd/- Sd/- (J.Sudhakar Reddy) (Madhumita Roy) Accountant Member Judicial Member Dated : 18th November, 2020 **PP(Sr.P.S.) Copy of the order forwarded to: 1. Respective Appellant/Assessee: M/s. Techno Services, GD-66, Salt Lake Sector-III, Kolkata-106. Respondent/Revenue: The I.T.O., Ward 63(3). Kolkata 2 3. CIT(A), 4. CIT- , 5. DR, ITAT, Kolkata.
Recent GST High Court judgments
Search GST case law →- Dipanshu Aggarwal vs. Director General Of GST IntelligenceDelhi · 28 Oct 2026
- Dezinetree Projects PVT. LTD. vs. Spokes Digital Inc And AnrDelhi · 28 Oct 2026
- Jaydeep Jayantilal Hudaka vs. State Of GujaratGujarat · 28 Oct 2026
- Commissioner/Additional Commissioner Of Central Tax vs. M/S INDIA Agro Exports Private LimitedKarnataka · 28 Oct 2026
- Manoj Kumar Prop M K Steel Traders vs. Additional Commissioner, Central Goods And Services Tax & Anr.Delhi · 28 Oct 2026