SATISH SHARMA,GURGAON vs. ITO, WARD- 4(1), GURGAON

PDF · subscribers
ITA 2961/DEL/2018Status: DisposedITAT Delhi12 March 2019AY 2014-153 pages
AI SummaryRemanded

What did the Tribunal hold?

The Tribunal found that the CIT(A) passed an ex parte order without giving the assessee an opportunity to be heard. In the interest of justice, the matter was restored to the CIT(A) to grant one final opportunity to the assessee.

What were the facts?

The assessee's appeal was against an ex parte order by the CIT(A) which confirmed additions made by the Assessing Officer. The Assessing Officer had made additions for sale of a motor car in cash and unexplained cash deposits.

What were the issues?

Whether the CIT(A) erred in passing an ex parte order without providing the assessee with an opportunity of being heard.

Which sections of the Income-tax Act were involved?

Section 142(1),Section 143(2),Section 143(3)

AI-generated summary — verify with the full judgment below

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

Before: SHRI R.K. PANDA

For Appellant: Shri M.C. Chaturvedi, Advocate
For Respondent: Shri Amit Jain, Sr.DR
Hearing: 12.03.2019Pronounced: 12.03.2019

BEFORE SHRI R.K. PANDA, ACCOUNTANT MEMBER Assessment Year: 2014-15 Satish Sharma, Vs. ITO, 135/12, Old Najafgarh Road, Ward-4(1), Gurgaon. Gurgaon. PAN: AYHPS6324G (Appellant) (Respondent) Assessee by : Shri M.C. Chaturvedi, Advocate Revenue by : Shri Amit Jain, Sr.DR Date of Hearing : 12.03.2019 Date of Pronouncement : 12.03.2019 ORDER

This appeal by the assessee is directed against the ex parte order dated 26th February, 2018 of the CIT(A)-1, Gurgaon, relating to Assessment Year 2014-15.

2.

Although a number of grounds have been raised by the assessee, the assessee has basically challenged the ex parte order of the CIT(A) in confirming various additions made by the Assessing Officer.

3.

Facts of the case, in brief, are that the assessee is an individual and filed his return of income on 27th August, 2014 declaring an income of Rs.5,86,100/-. The case of the assessee was selected for scrutiny by issue of statutory notice u/s 142(1) and 143(2). The assessee, in response to the statutory notices appeared before the Assessing Officer and filed the requisite details as called for. The Assessing Officer completed the assessment u/s 143(3) on 28th December, 2016 determining the total income of the assessee at Rs.39,06,100/- wherein he made an addition of Rs.16,50,000/- on account of sale of motor car in cash and Rs.16,70,000/- being unexplained cash deposit in the bank account. Since none appeared on behalf of the assessee, the ld.CIT(A), in the ex parte order passed by him, upheld the additions made by the Assessing Officer.

4.

Aggrieved with such order of the CIT(A), the assessee is in appeal before the Tribunal.

5.

The ld. counsel for the assessee, at the outset, submitted that the ld.CIT(A) has passed an ex parte order without giving any opportunity of being heard to the assessee. He submitted that in the interest of justice, the matter should be restored to the file of the CIT(A) with a direction to give one final opportunity to the assessee to substantiate his case.

6.

The ld. DR, on the other hand, opposed the arguments advanced by the ld. counsel for the assessee and heavily relied on the order of the CIT(A).

7.

After hearing both the sides I find the ld.CIT(A) in his ex parte order, in the instant case, has dismissed the appeal filed by the assessee and sustained the addition made by the Assessing Officer. It is the submission of the ld. counsel for the assessee that given an opportunity he is in a position to substantiate his case before the CIT(A). Considering the totality of the facts and in the interest of justice, I deem it proper to restore the issue to the file of the CIT (A) with a direction to grant one final opportunity to the assessee to substantiate his case. The assessee is also hereby directed to appear before the CIT(A) without seeking adjournment under any pretext, failing which the ld.CIT(A) is at liberty to pass appropriate orders as per law. I hold and direct accordingly. The grounds raised by the assessee are accordingly, allowed for statistical purposes.

More judgments on Section 142(1)

All 17,244 judgments and leading authorities on Section 142(1) →

Recent GST High Court judgments

Search GST case law →