SHALINI DALMIA,MUMBAI vs. INCOME TAX OFFICER 12(2)(4) NOW ASSESSED WITH ITO-17(2)(4), MUMBAI

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ITA 4305/MUM/2018Status: DisposedITAT Mumbai12 June 2019AY 2006-073 pages
AI SummaryRemanded

What did the Tribunal hold?

The Tribunal restored the appeal to the file of the CIT(A) to decide afresh after providing an adequate opportunity of being heard to the assessee. The assessee was directed to cooperate for speedy disposal.

What were the facts?

The assessee's appeal before the CIT(A) was dismissed ex-parte because the hearing notices were returned undelivered. The assessee claimed they did not receive the notices and therefore could not appear.

What were the issues?

Whether the CIT(A) erred in dismissing the appeal without affording a reasonable opportunity of being heard, and whether the reopening of assessment under Section 147 was valid.

Which sections of the Income-tax Act were involved?

Section 147

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, MUMBAI BENCH “SMC”, MUMBAI

Before: SHRI C.N. PRASAD, HONBLE

For Appellant: Shri Satish Kumar
For Respondent: Shri Chaitanya Anjaria
Hearing: 12.06.2019Pronounced: 12.06.2019

O R D E R PER C.N. PRASAD (JM) 1. This appeal is filed by the assessee against the order of the Learned Commissioner of Income Tax (Appeals)–28, Mumbai [hereinafter in short “Ld.CIT(A)”] dated 04.04.2018 for the A.Y. 2006-07. The assessee has raised the following grounds in its appeal: - “Ground No. l. On the facts and in the circumstances of the case and in law, the Hon’ble CIT(A) grossly erred in confirming the A.O.'s action in reopening the assessment u/s.147 of the I.T. Act. The appellant prays that there was no escapement of income so as to lead to a reasonable belief that income has escaped assessment warranting action u/s.147 of the I.T. Act. The appellant prays that the assessment completed by invoking the provisions u/s. 147 illegally may be quashed.

(A.Y: 2006-07) Shalini Dalmia Ground No. 2. On the facts and in the circumstances of the case and in law, the Hon'ble CIT(A) grossly erred in dismissing the appeal without affording a reasonable opportunity of being heard on the ground that the notice fixing the date of hearing has been returned undelivered. The appellant prays that the order passed by CIT(A) be set aside and necessary directions be issued to the CIT(A) to reconsider the appeal.”

2.

At the outset the Ld. Counsel for the assessee submits that the Ld.CIT(A) disposed off the appeal exparte. Ld. Counsel for the assessee submits that the assessee has not received the notice and therefore could not appear before the Ld.CIT(A).

3.

Ld. DR has no serious objections in sending matter back to the file of the Ld.CIT(A).

4.

Heard rival submissions, perused the orders of the authorities below. On a perusal of the order of the Ld.CIT(A) I find that on two occasions i.e. on 22.01.2018 and 23.03.2018 notices were sent to the assessee but they were returned unserved with the noting that “Left”. The Ld.CIT(A) disposed off the appeal on merits without providing the opportunity to the assessee. Taking the facts and circumstances into consideration, I restore this appeal to the file of the Ld.CIT(A) to decide afresh in accordance with law after providing adequate opportunity of being heard to the assessee. I direct the assessee to cooperate with the proceedings before the Ld.CIT(A) for speedy disposal of the appeal.

(A.Y: 2006-07) Shalini Dalmia 5. In the result, appeal of the assessee is allowed for statistical purpose.

Order pronounced in the open court on the 12th June, 2019

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