UMA SETH,BASIRHAT vs. I.T.O.,WARD-49(1), KOLKATA
What did the Tribunal hold?
The Tribunal set aside the CIT(A)'s ex parte order and remanded the appeal back for a fresh decision. This was done in the interest of natural justice and fair play, directing the CIT(A) to hear the assessee.
What were the facts?
The assessee appealed an ex parte order passed by the CIT(A) for AY 2015-16. The CIT(A) order was passed without hearing the assessee, despite only a few hearing dates being fixed.
What were the issues?
Whether the CIT(A) order passed ex parte without affording a proper hearing to the assessee is valid. The importance of natural justice in appellate proceedings.
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, “C(SMC
Before: Shri A. T. Varkey, JM]
This is an appeal preferred by the assessee against the order of Ld. CIT(A)-15, Kolkata dated 10-06-2019 for the assessment year 2015-16.
None appeared on behalf of the assessee. At the outset itself, it is noted that the impugned order of the Ld. CIT(A) is an ex parte order without hearing the assessee. It is also noted that within a very short span of time i.e. [only three dates of hearing was fixed on 10.05.2019, 27.05.2019 and 06.06.2019] the appeal was disposed off. No proof of service of notice was also mentioned in the order of the Ld. CIT(A). Since the appeal was fixed only thrice for hearing and no proof of serving the notice to the assessee is available in the impugned order of the Ld. CIT(A) and since the impugned order is an ex parte order without hearing the assessee, for the interest of Natural Justice and fair play, I set aside the order of the Ld. CIT(A) and remand the appeal back to the file of the Ld. CIT(A) to decide the appeal on merits after hearing the Ld. AR of the assessee and the assessee is directed to be diligent in future and appear before the Ld. CIT(A) without fail.
In the result, the appeal of assessee is allowed for statistical purposes. Order is pronounced in the open court on 29th January, 2020.
Sd/-(Aby. T. Varkey) Judicial Member Dated :29th January, 2020 Jd.(Sr.P.S.) Copy of the order forwarded to:
Appellant – Smt. Uma Seth, Vill & P.O. Jirkapur, Taki Road, Basirhat, 24 Parganas North, West Bengal-743114. Respondent – ITO, Ward-49(1), Kolkata. 2 3. CIT(A)-15, Kolkata (sent through e-mail)
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