SRI TAPAN CHANDRA PAL,BURDWAN vs. ITO, WARD - 2(2), BURDWAN, BURDWAN

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ITA 1678/KOL/2018Status: DisposedITAT Kolkata05 December 2018AY 2009-102 pages
AI SummaryRemanded

What did the Tribunal hold?

The Tribunal found that the CIT(A) had not decided the case on merits and that the assessee had a sufficient cause for non-appearance. Therefore, the case was restored to the file of the CIT(A) for fresh adjudication.

What were the facts?

The assessee failed to appear before the CIT(A) due to being a senior citizen suffering from cancer, resulting in an ex-parte order. The assessee provided an affidavit explaining the sufficient cause for non-appearance.

What were the issues?

Whether the ex-parte order passed by the CIT(A) was justified, and if the assessee's non-appearance was due to a sufficient cause.

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 : November 26th, 2018 Date of pronouncing the order : December 5th , 2018 O R D E R Per J. Sudhakar Reddy :-

This appeal filed by the assesse is directed against the order of the ld. Commissioner of Income Tax (Appeals)- Burdwan, (hereinafter the ‘ld. CIT (A)’), passed u/s 250 of the Income Tax Act, 1961 (the ‘Act’), dt. 23/05/2018, for the Assessment Year 2009-10.

2.

Heard rival contentions. After perusing the order passed by the ld. CIT(A), we find that neither the assessee nor any authorized representative has appeared before the ld. CIT(A) and hence an ex-parte order was passed. The assessee demonstrated before me that he was prevented by sufficient cause from appearing before the ld. CIT(A), as the assessee is a senior citizen and is suffering from cancer. Affidavit to that extent has been filed. Under these circumstances, as the ld. CIT(A) has not disposed off the case on merits, 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. The assessee is directed to appear before the ld. CIT(A) within one month of receipt of this order, either by himself or through his Authorised

Assessment Year: 2009-10 Sri Tapan Chandra Pal Representative, take notice and thereafter continue to co-operate till the disposal of the appeal.

3.

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

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