M/S CAPRICORN OILS LTD.,BURDWAN vs. I.T.O.,WARD-6(3), KOLKATA
What did the Tribunal hold?
The Tribunal set aside the orders of the Assessing Officer and the CIT(A) and remanded the matter back to the Assessing Officer for fresh adjudication. The assessee was directed to appear before the Assessing Officer and cooperate in the assessment proceedings.
What were the facts?
The assessee filed an appeal with a delay of 40 days, which was condoned due to sufficient cause. The assessee did not appear for the hearing, and the revenue representative agreed to set aside the ex-parte orders passed by the lower authorities.
What were the issues?
Whether the ex-parte orders passed by the lower authorities violated the principles of natural justice, and if so, whether the matter should be remanded for fresh adjudication.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, KOLKATA ‘A’ BENCH, KOLKATA
Before: Sri J. Sudhakar Reddy, Hon. & Sri Aby T. Varkey, Hon.
order : July 10th, 2020 ORDER Per J. Sudhakar Reddy, AM :- This appeal filed by the assessee is directed against the order of the Learned Commissioner of Income Tax (Appeals) – 7, Kolkata, (hereinafter the “ld.CIT(A)”), passed u/s. 250 of the Income Tax Act, 1961 (the ‘Act’), dt. 27/03/2018, for the Assessment Year 2012-13.
At the outset we find that there is a delay of 40 (forty) days in filing of this appeal by the assessee. After perusing the petition for condonation, we are convinced that the assessee was prevented by sufficient cause from filing the appeal in time. Hence the delay is condoned and the appeal is admitted.
None appeared on behalf of the assessee. There is no application for adjournment either. Under these circumstances, we dispose off the case ex-parte on merits qua the assessee after hearing the ld. Departmental Representative.
Heard the ld. D/R. The Assessing Officer as well as the ld. CIT(A) have passed ex- parte orders. The assessee, in his condonation petition has submitted that their factory and office were locked down since 2014 due to labour problems and consequently they could not receive the notices and attend the hearings before the revenue authorities. The ld. D/R fairly submitted that the issue may be set aside to the file of the Assessing Officer for fresh adjudication on the grounds of violation of principles of natural justice.
Assessment Year: 2012-13 M/s. Capricorn Oils Ltd.
In view of the above discussion, we set aside the issue to the file of the Assessing In view of the above discussion, we set aside the issue to the file of the Assessing In view of the above discussion, we set aside the issue to the file of the Assessing Officer for fresh adjudication, in accordance with law, after giving the assessee adequate Officer for fresh adjudication, in accordance with law, after giving the assessee adequate Officer for fresh adjudication, in accordance with law, after giving the assessee adequate opportunity of being heard. The assessee is directed to appear before the Assess opportunity of being heard. The assessee is directed to appear before the Assess opportunity of being heard. The assessee is directed to appear before the Assessing Officer, furnish its correct address, take notice and thereafter cooperate Officer, furnish its correct address, take notice and thereafter cooperate Officer, furnish its correct address, take notice and thereafter cooperate in completion of the assessment.
In the result, appeal of assessee is allowed for statistical purposes. In the result, appeal of assessee is allowed for statistical purposes. In the result, appeal of assessee is allowed for statistical purposes. K Kolkata, the 10th day of July, 2020.
Sd/- Sd/- [Aby T. Varkey] [J. Sudhakar Reddy J. Sudhakar Reddy] Judicial Member Accountant Member Accountant Member Dated : .07.2020 {SC SPS} Copy of the order forwarded to:
1. 1. M/s. Capricorn Oils Ltd Alamgunj, Burdwan Opp: Bardhamaneswar Mandir : Bardhamaneswar Mandir West Bengal - 713102 2. Income Tax Officer, Ward-6(3), Kolkata 6(3), Kolkata 3.CIT(A)- 4. CIT- , Sent through e-mail.
5. CIT(DR), Kolkata Benches, Kolkata.
5. CIT(DR), Kolkata Benches, Kolkata.
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