M/S SADHANA STOCKS & SECURITIES PVT. LTD.,MUMBAI vs. A.C.I.T., CIRCLE-11(2), KOLKATA
What did the Tribunal hold?
The ITAT found that the CIT(A) did not dispose of the case on merits and that the ex-parte order was not in accordance with law. The matter was restored to the CIT(A) for fresh adjudication.
What were the facts?
The assessee failed to appear before the CIT(A), resulting in an ex-parte order dismissing the appeal. The assessee presented a sufficient cause for their absence before the ITAT.
What were the issues?
Whether an ex-parte order passed by the CIT(A) without disposing of the case on merits is valid, and whether the assessee had a sufficient cause for non-appearance.
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, “C” BENCH: KOLKATA
ORDER
Per Shri A.T.Varkey, JM
This is an appeal preferred by the assessee against the order of Ld. CIT(A) – 4, Kolkata dated 29.03.2019 for AY 2009-10.
At the outset, after perusing the order passed by the ld. CIT(A), we find that the assessee has not appeared before the ld. CIT(A) and hence an ex-parte order was passed dismissing the appeal of the assessee. The assessee demonstrated before us that he was prevented by sufficient cause from appearing before the ld. CIT(A). The ld. CIT(A) has not disposed off the case on merits. This is not in accordance with law. Hence, we deem it fit to restore the issue to the file of the ld. CIT(A), for fresh adjudication, in accordance with law, after giving the assessee adequate opportunity of being heard, on the grounds of natural justice. 3. In the result, appeal of assessee is allowed for statistical purposes. Order is pronounced in the open court. Sd/- Sd/- (J. Sudhakar Reddy) (A. T. Varkey) Accountant Member Judicial Member Dated: 31st October, 2019 Jd.(Sr.P.S.)
Sadhna Stocks & Securities Pvt. Ltd. AY 2009-10 Copy of the order forwarded to: 1)Appellant – Sadhna Stocks & Securities Pvt. Ltd., 501, 5th floor, Plot No. 67A, Palm Beach Apartments, Sir Pochkhnwala Road, Worli Colony, Worli, Mumbai-400 030.
2) Respondent –ACIT, Circle-11(2), Kolkata. 3) CIT(A)-4, Kolkata. (sent through e-mail) 4)CIT , Kolkata 5)DR, Kolkata Benches, Kolkata (sent through e-mail)
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