NAVIN KUMAR PODDAR,HOWRAH vs. ITO, WARD - 48(2), KOLKATA

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ITA 2369/KOL/2018Status: DisposedITAT Kolkata26 April 2019AY 2014-152 pages
AI SummaryRemanded

What did the Tribunal hold?

The ITAT found that the CIT(A) passing an ex parte order without adjudicating on merits is not in accordance with law. Therefore, the ITAT set aside the order and remanded the case back to the CIT(A) for fresh adjudication.

What were the facts?

The assessee's appeal was dismissed ex parte by the CIT(A) for non-prosecution, without considering the merits of the case. The assessee appealed this decision to the ITAT.

What were the issues?

Whether an ex parte order by the CIT(A) for non-prosecution is valid without considering the merits of the appeal.

Which sections of the Income-tax Act were involved?

Section 250

AI-generated summary — verify with the full judgment below

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

Before: Sri J. Sudhakar Reddy]

Date of concluding the hearing : March 14, 2019 Date of pronouncing the order : April 26 ,2019 O R D E R Per J. Sudhakar Reddy :- This appeal by the assessee is directed against the order of the ld. Commissioner of Income Tax (Appeals) - 14, Kolkata (hereinafter the ‘ld. CIT (A)’), passed u/s 250 of the Income Tax Act, 1961 (the ‘Act’), dated 25/06/2018.

2.

Heard both the parties and perused the materials available on record. I find that the ld. CIT(A) has passed an ex parte order without disposing of the case on merits. He simply dismissed the appeal for non-prosecution. This is not in accordance with law. Hence, I set aside the issue to the file of the ld. CIT(A) for fresh adjudication in accordance with law subject to payment of costs of Rs.5,000/- by the assessee in favour of Prime Minister Relief Fund. The CIT(A) shall satisfy himself the payment of costs and proceed to adjudicate the issue after giving adequate opportunity of being heard.

3.

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

Kolkata, the 26th day of April, 2019. Sd/- [J. Sudhakar Reddy] Accountant Member Dated : 26.04.2019 (RS, Sr. PS)

Naveen Kumar Poddar Assessment Year: 2014-15 Copy of the order forwarded to:

1. 1. Naveen Kumar Poddar, C/o. RSVPC & Company, 41A, A.J.C. Bose Road, Suite No.613, 6th Floor, Kolkata – 700 017.

2. ITO, Ward - 48(2), Kolkata.

3. CIT(A)- 4. CIT- , 5. CIT(DR), Kolkata Benches, Kolkata.

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