SANKET MURKUTE,NAGPUR vs. ITO WARD-4(3), NAGPUR

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ITA 537/NAG/2024Status: DisposedITAT Nagpur27 January 2025AY 2021-22Bench: SHRI V. DURGA RAO (Judicial Member)1 pages
AI SummaryAllowed for statistical purposes

What did the Tribunal hold?

The Tribunal found that the CIT(A) had indeed passed an ex-parte order as the assessee did not appear. While acknowledging the principle that the law assists the vigilant, the Tribunal, in the interest of natural justice, decided to give one opportunity to the assessee.

What were the facts?

The assessee filed an appeal against an ex-parte order passed by the CIT(A). The assessee's AR submitted that the CIT(A) passed an ex-parte order and requested one opportunity to present their case. The DR argued that the assessee was provided sufficient opportunities but failed to appear or furnish details.

What were the issues?

Whether the CIT(A) was justified in passing an ex-parte order without providing adequate opportunity to the assessee to present its case?

Which sections of the Income-tax Act were involved?

Section 246A

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, NAGPUR BENCH, NAGPUR

Before: SHRI V. DURGA RAO & SHRIK.M. ROY, ACCOUNTANT, MEMBER

For Appellant: Shri Kapil Hirani
For Respondent: Shri Sandipkumar Salunke

Date of Hearing – 21/01/2024 Date of Order – 27/01/2025

O R D E R PER V. DURGA RAO, J.M.

The aforesaid appeal by the assessee is against the impugned order dated 13/08/2024, passed by the learned Commissioner of Income Tax (Appeals), National Faceless Appeal Centre, Delhi,, [“learned CIT(A)”], for the assessment year 2021–22.

2. When this appeal is taken up for hearing, the learned A.R. appearing for the assessee submitted that the learned CIT(A) passed an ex-parte order and prayed that one opportunity may be granted by restoring the matter to the file of the learned CIT(A) to enable the assessee to substantiate its case before the learned CIT(A).

2 Sanket Murkute ITA no.537/Nag./2024

2.

On the other hand, the learned D.R. submitted that despite the learned CIT(A) provided sufficient opportunities to the assessee, however, the assessee did not appear before the learned CIT(A) and not furnished relevant details. He strongly supported the orders passed by the learned CIT(A).

3.

We have heard both the parties, perused the materials available on record and gone through orders of the authorities below. We find that the assessee did not appear before the learned CIT(A) which resulted in passing ex–parte order by the learned CIT(A). We fully agree with the observations of the learned CIT(A), who, by dismissing the appeal of the assessee ex–parte, observed that the law assist those who are vigilant and not those who sleep over their rights. We observe that though the learned CIT(A) granted opportunities to the assessee to substantiate its case, ultimately, the order passed by him is an ex-parte order. Therefore, in view of the overall facts and circumstances of the case, we are of the opinion that by following the principles of natural justice, one opportunity should be given to the assessee to substantiate the case before the learned CIT(A). In this view of the matter, we deem it fit and appropriate to set aside the impugned order passed by the learned CIT(A) and remit the matter back to the file of the learned CIT(A) and direct him to adjudicate the matter afresh on merit and in accordance with law after providing reasonable opportunity of being heard to the assessee. It is also directed that the assessee should not seek adjournment without there being a justified reason. Accordingly, all the grounds raised by the assessee in this appeal are allowed for statistical purposes.

3 Sanket Murkute ITA no.537/Nag./2024 4. In the result, appeal filed by the assessee is allowed for statistical purposes. Order pronounced in the open Court on 27/01/2025

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