QVC EXPORT PVT LTD.,KOLKATA vs. A.C.I.T.,CIRCLE-10(2), KOLKATA

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ITA 1219/KOL/2019Status: DisposedITAT Kolkata31 October 2019AY 2015-162 pages
AI SummaryRemanded

What did the Tribunal hold?

The Tribunal found that the ex-parte dismissal for non-prosecution was not permissible. The CIT(A) had not decided the appeal on merits. Therefore, the matter was set aside for fresh adjudication.

What were the facts?

The assessee's appeal before the CIT(A) was dismissed ex-parte due to non-appearance. The assessee provided an affidavit explaining the reasons for non-appearance and stated that no proper opportunity was given.

What were the issues?

Whether an ex-parte order by the CIT(A) for non-appearance without providing a proper opportunity is valid. The need for fresh adjudication on merits.

AI-generated summary — verify with the full judgment below

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

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

Appearances by: Sh. Miraj D. Shah, AR, 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)-24, Kolkata [‘CIT(A)’ for short] dated 19.03.2019.

2.

After hearing rival contentions we find that the ld. CIT(A) has passed an ex-parte order for non-appearance of the assessee. The ld. AR submitted an affidavit stating the reasons for non-appearance before the CIT(A). He further submitted that no proper opportunity of being heard was given to the assessee. The ld. CIT(A) has also not disposed off the appeal on merits. Such dismissal for non-prosecution is not permissible in law. The ld. Counsel for the assessee submits that the case may be restored to the file of the CIT(A) for fresh adjudication in accordance with law.

3.

The ld. DR submitted that the issue may be restored to the file of the ld. CIT(A).

4.

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: 2015-16 QVC Export Pvt. Ltd. 5. In the result, the appeal of the assessee is allowed for statistical purposes. Kolkata, the 31st October, 2019.

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