GRAPHISADS PVT. LTD.,NEW DELHI vs. DCIT, NEW DELHI

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ITA 1866/DEL/2016Status: DisposedITAT Delhi24 July 2018AY 2012-133 pages

In favour of the assessee: the assessee's appeal was allowed. From the AI summary of this appeal.

AI SummaryAllowed

What did the Tribunal hold?

The Tribunal held that the CIT(A) dismissed the appeal without adjudicating on the merits and without assigning reasons for rejecting the adjournment application. Principles of natural justice require an opportunity to be heard.

What were the facts?

The assessee's appeal before the CIT(A) was dismissed ex-parte due to repeated adjournment requests. The assessee argued that they were not given an adequate opportunity to be heard.

What were the issues?

Whether the CIT(A) erred in dismissing the appeal ex-parte without providing an adequate opportunity of being heard to the assessee.

Which sections of the Income-tax Act were involved?

Section 143(3)

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, DELHI BENCH ‘G’, NEW DELHI

Hearing: 24.07.2018Pronounced: 24.07.2018

ORDER

Per N. K. Saini, AM:

1.

This is an appeal by the assessee against the order dated 10.02.2016 of ld. CIT(A)-4, New Delhi.

2.

The only grievance of the assessee in this appeal relates to the dismissal of appeal by the ld. CIT(A) without giving adequate opportunity of being heard by rejecting the last adjournment application.

3.

Facts of the case in brief are that the assessee filed the return of income on 30.09.2012 declaring an income of Rs.2,68,05,340/- which was revised on 25.03.2014 at the same income. Later on, the case was selected for scrutiny. The AO framed the assessment u/s Graphisads Pvt. Ltd. 143(3) of the Income Tax Act, 1961 at an income of Rs.2,86,65,450/- by making the various additions/disallowances.

4.

Being aggrieved the assessee carried the matter to the ld. CIT(A) who dismissed the appeal ex-parte by observing as under: “2. This case was fixed for first time on 12.10.2015 and the adjournment application was sent on 14.10.2015 and another date was given. But every date I kept on receiving the request for adjournment from M/s Kumar Piyush & Co., CAs. The various applications for adjournment are dated 27.10.2015, 16.11.2015, 07.12.2015, 28.12.2015, 21.01.2016 and 08.02.2016. It is very clear that either the appellant or the CA is not interested in making any submission to get the case decided. When enough was enough the last adjournment application dated 08.02.2016 has been rejected. In view of the above said the appeal is dismissed.”

5.

Now the assessee is in appeal. The ld. Counsel for the assessee submitted that no opportunity of being heard was given by the ld. CIT(A) and issues had not been decided on merit.

6.

In his rival submissions, the ld. Sr. DR submitted that ample opportunities of being heard were provided but the assessee did not attend the proceedings. Therefore, the ld. CIT(A) was justified in dismissing the appeal of the assessee.

7.

We have considered the submissions of both the parties and perused the material available on the record. In the present case, it is an admitted fact that the ld. CIT(A) dismissed the appeal of the assessee ex-parte without discussing the issues on merit. He simply stated that the assessee sought adjournments whenever the case was Graphisads Pvt. Ltd. fixed for hearing. He has not assigned any reason for rejecting the application moved by the assessee for an adjournment. It is well settled that nobody should be condemned unheard as per the maxim “audi alteram partem”. We, therefore, by keeping in view the principles of natural justice, deem it appropriate to set aside this issue back to the file of the ld. CIT(A) to be adjudicated afresh in accordance with law after providing due and reasonable opportunity of being heard to the assessee.

8.

In the result, appeal of the assessee is allowed for statistical purposes. (Order Pronounced in the Court on 24/07/2018)

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