HARISH CHANDRA INDIA LTD.,ROHTAK vs. ACIT, ROHTAK CIRCLE, ROHTAK
What did the Tribunal hold?
The Tribunal noted that the CIT(A)'s order did not confirm actual service of notices on the assessee. Therefore, the matter was remitted back to the CIT(A) for adjudication on merits.
What were the facts?
The assessee's appeal was dismissed by the CIT(A) due to non-appearance. The assessee claimed they did not receive the notice and requested another opportunity to be heard.
What were the issues?
Whether the CIT(A) erred in dismissing the appeal without confirming proper service of notice on the assessee, and whether the assessee should be granted another opportunity to present their case.
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, DELHI BENCHES: ‘SMC’, NEW DELHI
Before: SHRI T.S. KAPOOR
ORDER This is an appeal filed by assessee against the order of Ld.CIT(A), Rohtak dated 19.11.2018 pertaining to Assessment Year (A.Y.) 2014-15.
At the outset ld.AR submitted that Ld.CIT(A) had dismissed the appeal of the assessee by holding that nobody appeared on behalf of the assessee. Ld.AR submitted that assessee did not receive the notice and therefore assessee could not attend the proceedings. Ld.AR assured that assessee is interested in arguing Harish Chandra India Ltd., Rohtak his appeal before Ld.CIT(A). Therefore it was prayed that one more opportunity of being heard should be provided to assessee.
Ld.Sr.D.R. did not have any objection if the matter is remitted back to ld.CIT(A).
I have heard rival parties and have gone through the material placed on record.
I find that Ld.CIT(A) has noted in his order that various notices were issued to the assessee but nobody attended on behalf of the assessee, nor any adjournment application was filed. However, through the contents of the order I find that nowhere Ld.CIT(A) had mentioned that the notices were actually served upon the assessee. Therefore I deem it appropriate to remit the issue back to Ld.CIT(A) for adjudication on merits. The assessee is also directed to present itself before Ld.CIT(A) within reasonable period of time and should not seek unnecessary adjournments.
In view of the above, the appeal filed by assessee is allowed for statistical purposes. Order pronounced in Open Court.
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