SNEHA SIDDHAM,NOIDA vs. ACIT, CIRCLE- 3, NOIDA
What did the Tribunal hold?
The Tribunal found that it was not clear from the CIT(A)'s order whether notice was actually served on the assessee. Even if the assessee did not appear, the CIT(A) should have decided the appeal on merits.
What were the facts?
The assessee's appeal before the CIT(A) was dismissed ex-parte for non-appearance. The assessee contended that they were not afforded a proper opportunity of being heard.
What were the issues?
Whether the CIT(A) erred in dismissing the appeal ex-parte without affording a proper opportunity of hearing to the assessee.
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, DELHI ‘SMC’ BENCH,
Before: SHRI N.K. BILLAIYA
PER N.K. BILLAIYA, ACCOUNTANT MEMBER:
This appeal by the assessee is preferred against the order of the Commissioner of Income Tax [Appeals]-1, Noida dated 31.01.2018 pertaining to assessment year 2014-15.
The sum and substance of the grievance of the assessee is that the CIT(A) dismissed the appeal ex-parte without affording proper opportunity of being heard to the assessee.
I have carefully considered the orders of the first appellate authority. Though there is mention of issue of notice, but it is not coming out from the appellate order whether the notice has been served upon the assessee or not. Moreover, the first appellate authority has dismissed the appeal for non appearance. In my considered opinion, even if assuming that the notices were served upon the assessee and the assessee did not attend the appellate proceedings, it is incumbent upon the first appellate authority to decide the appeal on merits of the case. I, therefore, deem it fit to restore this issue to the file of the CIT(A). The CIT(A) is directed to decide the issue afresh after giving reasonable opportunity of being heard to the assessee.
In the result, the appeal filed by the assessee in is allowed for statistical purposes.
The order is pronounced in the open court on 10.09.2018.
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