HERBICURE HEALTHCARE BIO-HERBAL RESEARCH FOUNDATION,KOLKATA vs. ACIT (EXEMPTION) - CIRCLE - 1(1), KOLKATA, KOLKATA

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ITA 1767/KOL/2018Status: DisposedITAT Kolkata24 April 2019AY 2012-132 pages
AI SummaryRemanded

What did the Tribunal hold?

The Tribunal found a reasonable cause for the assessee's absence before the CIT(A). Therefore, the ex parte order was set aside.

What were the facts?

The assessee's appeal before the CIT(A) was decided ex parte. The assessee's AR was unable to attend due to high fever and bed rest advised by a physician.

What were the issues?

Whether the ex parte order passed by the CIT(A) was justified given the reasonable cause for the assessee's absence.

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, “D” BENCH: KOLKATA

Before: Shri A. T. Varkey, JM & Dr. A. L. Saini, AM]

Hearing: 14.03.2019Pronounced: 24.04.2019

This appeal filed by assessee is against the order of Ld. CIT(A) - 25, Kolkata dated 28.06.2018 for AY 2012-13.

2.

At the outset itself, it has been brought to our notice that this is an ex parte order passed by the Ld. CIT(A). Before us, the Ld. AR contended that since the assessee’s AR was suffering from high fever which prevented the assessee being represented before the first appellate authority, which fact led the Ld. CIT(A) to pass an ex parte order on 28.06.2018. According to Ld. AR, the assessee’s AR was advised bed rest by his physician for suffering from high fever. The Ld. AR drew our attention to the doctor’s prescription, a copy of which was brought to our notice. Since we note that there is a reasonable cause for the Ld. AR of the assessee not to appear before the Ld. CIT(A), for the interest of justice and fair play, we set aside the ex parte order of the Ld. CIT(A) and remand the matter back to his file to adjudicate the appeal on merits after affording reasonable opportunity of being

Herbicure Healthcare Bio-Herbal Research Foundation., AY 2012-13 heard to the assessee and in accordance to law. The appeal of assessee is allowed for statistical purposes.

3.

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

Order pronounced in the open court on 24th April, 2019 Sd/- Sd/- (Dr. A. L. Saini) (A. T. Varkey) Accountant Member Judicial Member Dated: 24th April, 2019 Jd.(Sr.P.S.) Copy of the order forwarded to: 1 Appellant –Herbicure Healthcare Bio-Herbal Research Foundation, Boral Saral Dighi (East), P.O. Boral, Kolkata-700 154. 2 Respondent – ACIT (Exemption) Circle-1(1), Kolkata. 3 CIT(A)- 25 , Kolkata. (sent through e-mail) CIT , Kolkata 4 DR, Kolkata Benches, Kolkata (sent through e-mail) 5

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