RAKESH JAIN,GHAZIABAD vs. DCIT, GHAZIABAD
What did the Tribunal hold?
The Tribunal restored both appeals to the file of the CIT(A) for fresh adjudication. The assessee was granted one final opportunity to be heard, with a warning against seeking adjournments.
What were the facts?
A search and seizure operation was conducted on the assessee's premises. The Assessing Officer made additions to the income for AY 2006-07 and 2010-11. The CIT(A) dismissed the assessee's appeals ex parte due to non-appearance.
What were the issues?
Whether the CIT(A) was justified in dismissing the appeals ex parte. Whether the assessee should be given a fresh opportunity to present their case before the CIT(A).
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, DELHI BENCH : A : NEW DELHI
Before: SHRI R.K. PANDA & SHRI KULDIP SINGH
BEFORE SHRI R.K. PANDA, ACCOUNTANT MEMBER AND SHRI KULDIP SINGH, JUDICIAL MEMBER & 3964/Del/2015 Assessment Years: 2010-11 & 2006-07 Rakesh Jain, Vs. DCIT, 12/40, Raj Nagar, Central Circle, Ghaziabad. Ghaziabad.NDC PAN: ADBPJ5838K. (Appellant) (Respondent) Assessee by : Shri Rakesh Jain, Assessee Revenue by : Shri Jamos Singson, Sr.DR Date of Hearing : 24.10.2018 Date of Pronouncement : 25.10.2018 ORDER
PER R.K. PANDA, AM:
The above two appeals filed by the assessee are directed against the separate orders dated 23rd March, 2015 of the CIT(A), Ghaziabad relating to Assessment Years 2011-12 and 2006-07, respectively. For the sake of convenience, both the appeals were heard together and are being disposed of by this common order.
The facts of the case, in brief, are that the assessee is an individual. A search and seizure operation u/s 132 of the Income-tax Act was carried out on 9th September, ..3968 & 3964/Del/2015 2010 at the office and residential premises of the assessee. The Assessing Officer passed the order u/s 153A/143(3) of the Act on 31st March, 2013 determining the total income at Rs.31,06,138/- for assessment year 2006-07 and Rs.7,18,981/- for assessment year 2010-11. The assessee filed appeal before the CIT(A). However, due to non-appearance by the assessee despite service of notice, the CIT(A) in the ex parte order passed by him, dismissed the appeal filed by the assessee for both the years. Aggrieved with such order of the CIT(A), the assessee is in appeal before the Tribunal raising various grounds challenging the order of the CIT(A) in sustaining various additions made by the Assessing Officer.
The assessee appeared himself today at the time of hearing and tried to explain his case. However, it is seen that the ld.CIT(A) has passed an ex parte order due to non-appearance of the assessee on various dates. Considering the totality of the facts of the case and in the interest of justice, we deem it appropriate to restore both the appeals to the file of the CIT(A) for fresh adjudication, after giving one final opportunity of being heard to the assessee. The assessee is also hereby directed to appear before the CIT(A) without seeking any adjournment under any pretext, failing which the ld.CIT(A) is at liberty to pass appropriate order as per law. We hold and direct accordingly. ..3968 & 3964/Del/2015
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