INDUSIND MEDIA & COMMUNICATIONS LTD,MUMBAI vs. ADDL CIT 11(1), MUMBAI
What did the Tribunal hold?
The Tribunal found that both parties had not acted with due diligence. To ensure justice and provide an opportunity for a hearing on merits, the Tribunal set aside the ex-parte order of the CIT(A). The matter was restored to the CIT(A) for a fresh decision after hearing both parties.
What were the facts?
The assessee filed an appeal against an ex-parte order passed by the CIT(A). The CIT(A) had passed the order ex-parte because neither the assessee nor the Department appeared before it. The assessee sought an adjournment in the current appeal.
What were the issues?
Whether an ex-parte order passed by the CIT(A) should be set aside to provide an opportunity for a hearing on merits. The issue of due diligence by both parties in appearing before the lower appellate authority.
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, C Bench, Mumbai
Before: Shri Sandeep Gosain & Shri G. Manjunatha
This appeal filed by the assessee is directed against the order of the CIT(A)-4, Mumbai dated 15.03.2017 and it relates to A.Y. 2010-11.
The assessee has filed an application seeking adjournment of the case but on perusal of the record we find that the CIT(A) had passed an ex- parte order as nobody appeared on behalf of the assessee or the Department before the CIT(A), whereas it was the bounded duty of the assessee as well as the Department to appear before the learned CIT(A). In this case both the parties have not acted with due diligence. Nevertheless, the principles of natural justice demands that the lis between the parties should be decided on merit after providing due opportunity of hearing to both the parties. Be that as it may, considering the facts and circumstances of the present case, we are of the considered view that ends of justice would be met only when we provide more opportunity of hearing to the parties for contesting the appeal on merits. Therefore, keeping in M/s. Indusind Media & Communications Ltd. view the above discussion, we set aside the ex-parte order passed by the learned CIT(A) and restore back the matter to the file of the CIT(A) with a direction to provide opportunity of hearing to both the parties and then decide the issue afresh.
In the result, the adjournment application filed by the assessee is rejected and the appeal filed by the assessee is allowed for statistical purposes.
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