SUDARSANA ROYCHOUDHURY,MURSHIDABAD vs. ACIT, CIRCLE - 42, MURSHIDABAD

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ITA 1944/KOL/2019Status: DisposedITAT Kolkata03 January 2020AY 2015-162 pages
AI SummaryRemanded

What did the Tribunal hold?

The Tribunal found that the CIT(A) had passed an erroneous ex parte order without giving the assessee a reasonable opportunity to be heard, which violated principles of natural justice. Therefore, the order of the CIT(A) was set aside.

What were the facts?

The assessee's appeal before the CIT(A) was dismissed ex parte. The assessee's counsel argued that he had appeared before the CIT(A), but the CIT(A) erroneously recorded that no one appeared and passed an order without considering the merits. This was contended to be a violation of natural justice.

What were the issues?

Whether the CIT(A) erred in dismissing the appeal ex parte without affording a reasonable opportunity of hearing to the assessee, thereby violating principles of natural justice.

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, “C(SMC

Before: Shri A. T. Varkey, JM]

Hearing: 18.12.2019Pronounced: 03.01.2020

Heard together (2 matters)

ITA No. 1944/Kol/20
I.T.A. No. 1944/Kol/2019

Read from the judgment's own cause title. This page is filed under one of them.

This is an appeal preferred by the assessee against the order of the CIT(A)-12, Kolkata dated 10.06.2019 for AY 2015-16.

2.

At the outset itself, the Ld. Counsel for the assessee submitted that the impugned order has been passed by the Ld. CIT(A) wrongly inferring that none appeared before him and treated it as if the assessee was not interested in pursuing the appeal and has, therefore, passed an ex parte order dismissing the appeal. According to the Ld. AR, he himself appeared before the Ld. CIT(A), still the Ld. CIT(A) erroneously held that none appeared during the hearing of the appeal and dismissed the appeal without going into the merits of the case, which is violative of Natural Justice. So, he urged before the bench to set aside the order of Ld. CIT(A) and restore the matter back to his file for fresh adjudication. It is noted that the impugned order has been passed by the Ld CIT(A) treated as if none appeared before the Ld. CIT(A) and so he passed an ex parte order without going into the merits of the case, when the Ld. AR had in fact appeared before him. Thus, according to me, the Ld. CIT(A) has passed the erroneous order ex parte, without giving reasonable opportunity to the assessee which is violative of natural justice. Therefore, I am inclined to set aside the order of the Ld. CIT(A) and remand the matter back to the file of Ld. CIT(A) for de novo

2 Sudarsana Roychoudhury, AY: 2015-16 adjudication of appeal on merits after hearing the assessee in accordance to law. The assessee is directed to participate in the appellate proceedings diligently. 3. In the result, the appeal of assessee is allowed for statistical purposes. Order is pronounced in the open court on 3rd January, 2020.

Sd/-(Aby. T. Varkey) Judicial Member Dated :3rd January, 2020 JD. (Sr. PS)

Copy of the order forwarded to:

1.

Appellant – Shri Sudarsana Roychoudhury, 44/3, K. N. Road, Berhampore, Murshidabad, West Bengal-742101 Respondent – ACIT, Circle-42, Murshidabad. 2 3. CIT(A)-12, Kolkata. (sent through e-mail)

4.

CIT , Kolkata 5. DR, ITAT, Kolkata. (sent through e-mail)

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