What did the Tribunal hold?

The tribunal held that passing an ex-parte order without deciding on merits is not permissible. Therefore, the case was restored to the CIT(A) for fresh adjudication.

The assessee did not appear before the CIT(A), resulting in an ex-parte order dismissing their appeal. The CIT(A) did not decide the case on merits.

What were the issues?

Whether an ex-parte order passed by the CIT(A) without adjudicating on merits violates principles of natural justice.

M/S Shashanka Build Tech Private… vs I.T.O., Ward-11(2) | ITAT Kolkata 2020

Income Tax Appellate Tribunal, KOLKATA ‘SMC’ BENCH, KOLKATA

Before: Sri J. Sudhakar Reddy, Hon’ble

order : February 26th, 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) – 4, Kolkata, (hereinafter the “ld.CIT(A)”), passed u/s. 250 of the Income Tax Act, 1961 (the ‘Act’), dt. 28.02.2019, for the Assessment Year 2009-10.

2. Heard rival contentions. On perusing the order passed by the ld. CIT(A), we find that the assessee has not appeared before the ld. CIT(A) and hence an ex-parte order was passed dismissing the appeal of the assessee. We find that the ld. CIT(A) has not disposed off the case on merits. This is not permissible in law. Hence, we deem it fit to restore the issue to the file of the ld. CIT(A), for fresh adjudication, in accordance with law, after giving the assessee adequate opportunity of being heard, on the grounds of violations of the principles of natural justice.

In the result, appeal of assessee is allowed for statistical purposes. Kolkata, the 26th day of February, 2020. Sd/- [J. Sudhakar Reddy] Accountant Member Dated : 26.02.2020 {SC SPS}

Assessment Year: 2009-10 M/s. Shashanka Build Tech Pvt. Ltd Copy of the order forwarded to: 1. M/s. Shashanka Build Tech Pvt. Ltd M/s. Shashanka Build Tech Pvt. Ltd C/o Jhantu Sarkar 5A, CIT Road Ananda Palit Hazra Bagan Kolkata – 700 015

Income Tax Officer, Ward-11(2), Kolkata 11(2), Kolkata 3. CIT(A)- 4. CIT- , 5. CIT(DR), Kolkata Benches, Kolkata. 5. CIT(DR), Kolkata Benches, Kolkata.

M/S SHASHANKA BUILD TECH PRIVATE LIMITED,KOLKATA vs. I.T.O.,WARD-11(2), KOLKATA

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