GSR INDUSTRIES,NOIDA vs. ITO WARD-1(4), NOIDA

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ITA 6665/DEL/2018Status: DisposedITAT Delhi04 April 2019AY 2013-144 pages
AI SummaryRemanded

What did the Tribunal hold?

The Tribunal found that the CIT(Appeals) was not justified in rejecting the adjournment request. The assessee did not have adequate time to prepare the paper book after receiving the notice.

What were the facts?

The assessee's appeal was dismissed by the CIT(Appeals) for non-appearance on the hearing date. The assessee claimed they requested an adjournment to prepare a paper book and did not receive sufficient notice.

What were the issues?

Whether the CIT(Appeals) erred in dismissing the appeal without granting a reasonable adjournment for preparation of the paper book.

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, DELHI BENCH: ‘SMC’ NEW DELHI

Before: SHRI N.S. SAINI

For Respondent: Shri S.L. Anuragi, Sr. DR
Hearing: 03.04.2019Pronounced: 04.04.2019

ORDER This is an appeal filed by the Assessee against the order of CIT(Appeals)-1, Noida dated 30.07.2018.

2.

At the outset, the Ld. AR of the assessee argued and submitted that the appeal of the assessee was dismissed by the CIT(A) on the ground that assessee did not appear on the date of hearing fixed on 16.10.2017. The CIT(A) observed that the assessee had received a notice on 07.07.2018 for the hearing scheduled for 10.07.2018 and the Appellant had enough time available to prepare its case. On the other hand, the contention of the assessee is that the assessee was preparing a paper book to be filed before the CIT(A) and have requested for adjournment of hearing by at least 15 days. He has submitted that the CIT(A) was not justified in not granting time to the assessee and dismissing the appeal of the assessee. Therefore, the order of the CIT(A) should be set aside and the matter be remanded to his file for fresh adjudication of the appeal of the assessee.

3.

The DR had no objection to the above submission of the AR of the assessee.

4.

In the above facts and circumstances of the case, I am of the considered view that the CIT(A) was not justified in rejecting the adjournment application of the assessee, wherein the AR of the assessee sought time for filing paper book before him. It is also an undisputed fact that notice of hearing for 10.07.2018 was received by the assessee only on 07.07.2018 and, therefore, the assessee did not have sufficient time to prepare the paper book and hence, requested for time. Therefore, in the interest of substantial justice, I set aside the order of the CIT(A) and remand the matter back to his file to adjudicate the appeal of the assessee afresh after allowing reasonable and proper opportunity of hearing to the assessee.

5.

In the result, the appeal of assessee is allowed for statistical purposes.

Order pronounced in the open court on 04/04/2019

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