What did the Tribunal hold?

The ITAT set aside the ex-parte order of the CIT(A) and restored the matter to the CIT(A) for fresh adjudication. This was done because the dismissal for non-prosecution was not permissible and to ensure principles of natural justice were followed.

The assessee's appeal before the CIT(A) was decided ex-parte without considering the merits. The assessee did not appear before the ITAT either.

What were the issues?

Whether an ex-parte order passed by the CIT(A) without disposing of the appeal on merits is permissible. Whether the principles of natural justice were violated.

M.K.Jokai Agri Plantations P. Ltd. vs DCIT | ITAT Kolkata 2019

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

Before: Shri J. Sudhakar Reddy & Shri Aby T. Varkey]

Appearances by: None appeared on behalf of the Assessee. Sh. Supriyo Pal, JCIT, Sr. DR, appeared on behalf of the Revenue. Date of concluding the hearing : October 31st, 2019 Date of pronouncing the order : October 31st, 2019 ORDER Per J. Sudhakar Reddy, AM :- This appeal is filed by the assessee directed against the order of the Commissioner of Income Tax (Appeals)-18, Kolkata [‘CIT(A)’ for short] dated 16.10.2018.

None appeared on behalf of the assessee. We find that the ld. CIT(A) has passed an ex-parte order. He has not disposed off the appeal on merits. Such dismissal for non- prosecution is not permissible in law.

The ld. DR submitted that the issue may be restored to the file of the ld. CIT(A) as there was violation of principles of natural justice.

Under these circumstances we set aside the matter to the file of the ld. CIT(A) for fresh adjudication in accordance with law.

Assessment Year: 2014-15 M.K. Jokai Agri Plantations P. Ltd. 5. In the result, the appeal of the assessee is allowed for statistical purposes. Kolkata, the 31st October, 2019.

M.K.JOKAI AGRI PLANTATIONS P. LTD.,KOLKATA vs. D.C.I.T.,CILCLE-4(1), KOLKATA

What did the Tribunal hold?

What were the facts?

What were the issues?

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