What did the Tribunal hold?

The Tribunal condoned the delay in filing the appeal. Both parties agreed that the matter should be restored to the Assessing Officer for fresh adjudication due to violations of natural justice.

The assessee filed an appeal against an ex-parte assessment order and an ex-parte order by the CIT(A). The assessee contended that notices were not served, leading to non-appearance and violation of natural justice principles.

What were the issues?

Whether the assessment order and the CIT(A)'s order were passed in violation of the principles of natural justice due to non-service of notices.

Shri Raj Kumar Gupta, Sikkim vs DCIT | ITAT Kolkata 2020

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

Before: Sri J. Sudhakar Reddy

IN THE INCOME TAX APPELLATE TRIBUNAL KOLKATA ‘SMC’ BENCH, KOLKATA (Before Sri J. Sudhakar Reddy, Accountant Member) Assessment Year: 2013-14 Raj Kumar Gupta…………...............…………........................................................……………….…......Appellant Arithang Road, Gangtok Sikkim – 737 101 [PAN : AHAPG 8538 N] Vs. Deputy Commissioner of Income Tax, Circle-3(2), Gangtok...............……….……....…....Respondent Appearances by: Shri Harsh Vardhan Bharadwaj, FCA, appeared on behalf of the assessee. Shri Jayanta Khanra, JCIT D/R, appearing on behalf of the Revenue. Date of concluding the hearing : January 8th, 2020 Date of pronouncing the order : January 15th, 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) – Siliguri, (hereinafter the “ld.CIT(A)”), passed u/s. 250 of the Income Tax Act, 1961 (the ‘Act’), dt. 19/06/2019, for the Assessment Year 2013-14.

At the outset I find that there is a delay of 1 (one) day in filing of this appeal by the assessee. After perusing the petition for condonation, I am convinced that the assessee was prevented by sufficient cause from filing the appeal in time. Hence the delay is condoned and the appeal is admitted.

After hearing rival contentions, I find that the ld. CIT(A) has passed an ex-parte order. The Assessing Officer also passed a best judgment assessment order. The ld. Counsel for the assessee submitted that notices were not served on the assessee and this led to the assessee not being present during the assessment proceedings. He pleads that the issue may be restored to the file of the Assessing Officer for fresh adjudication in accordance with law, after giving the assessee adequate opportunity of being heard, on the ground of violation of principles of natural justice.

The ld. D/R, agreed with the submissions of the ld. Counsel for the assessee that the matter may be restored to the file of the Assessing Officer for fresh adjudication. While agreeing that there were violations of principles of natural justice, he argued that a commitment be taken from the assessee that he would co-operate in disposal of the appeal.

Assessment Year: 2013-14 Raj Kumar Gupta 5. In view of the above submission made by both the parties, we restore In view of the above submission made by both the parties, we restore In view of the above submission made by both the parties, we restore this appeal to the file of the Assessing Officer for fresh adjudication in accordance with law. The to the file of the Assessing Officer for fresh adjudication in accordance with law. The to the file of the Assessing Officer for fresh adjudication in accordance with law. The Assessing Officer shall provide adequate opportunity to the assessee before passing the ng Officer shall provide adequate opportunity to the assessee before passing the ng Officer shall provide adequate opportunity to the assessee before passing the assessment order. The assessee shall appear before the Assessing Officer, take notice assessment order. The assessee shall appear before the Assessing Officer, take notice assessment order. The assessee shall appear before the Assessing Officer, take notice and thereafter co-operate in completion of the assessment proceedings. operate in completion of the assessment proceedings. operate in completion of the assessment proceedings.

In the result, appeal of the assessee is allowed for statistical purposes as directed the result, appeal of the assessee is allowed for statistical purposes as directed the result, appeal of the assessee is allowed for statistical purposes as directed above.

Kolkata, the Kolkata, the 15th day of January, 2020.

SHRI RAJ KUMAR GUPTA,SIKKIM vs. D.C.I.T.,CIRCLE-3(2), GANGTOK

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