M/S. REPROSCAN TECH PARK LLP,KOLKATA vs. ACIT, CIRCLE - 31, KOLKATA, KOLKATA

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ITA 1400/KOL/2018Status: DisposedITAT Kolkata01 January 2020AY 2012-132 pages
AI SummaryRemanded

What did the Tribunal hold?

The tribunal held that the ex parte order passed by the CIT(A) violated principles of natural justice. Therefore, the order was set aside, and the matter was remanded for a fresh adjudication.

What were the facts?

The assessee's appeal before the CIT(A) was dismissed ex parte. The assessee had requested adjournments for all hearing dates, but the CIT(A) passed the order without hearing the assessee on the final date.

What were the issues?

Whether the CIT(A) erred in passing an ex parte order without providing the assessee an opportunity to be heard, thereby violating principles of natural justice.

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, “C” BENCH: KOLKATA

Before: Shri A. T. Varkey, JM & Dr. (Shri) Arjun Lal Saini, AM ]

Hearing: 10.12.2019Pronounced: 01.01.2020

This appeal preferred by the assessee against the order of Ld. CIT(A)-9, Kolkata dated 25-05-2018 for the assessment year 2012-13.

2.

At the outset itself, it is noted that the impugned order is an ex parte order passed by the Ld. CIT(A) and that only four notices were issued fixing the date of hearing and the assessee on all the occasions submitted letter for adjournment but on the last occasion i.e. on 21.05.2018 despite filing of adjournment letter, the Ld. CIT(A) passed the impugned order ex parte on 25.05.2018. Thus, the Ld. Counsel for the assessee urged before the bench to set aside the ex parte order of Ld. CIT(A) and one more opportunity be given to the assessee to submit its case before the Ld. CIT(A). According to us, the Ld. CIT(A) has passed the order ex parte, when the assessee had moved the adjournment application and decided to dismiss the appeal without going into the merits of the case, which is ex-facie violative of natural justice. Therefore, we are 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 adjudication of appeal on merits after hearing the assessee in accordance to law. The assessee is directed to participate in the appellate proceedings diligently without fail.

3.

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

Order is pronounced in the open court on 1st January, 2020.

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