D.K. ENGINEERING & CONSTRUCTION PVT. LTD.,SILIGURI vs. DCIT, CIRCLE - 2, JALPAIGURI, JALPAIGURI

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ITA 1234/KOL/2018Status: DisposedITAT Kolkata10 October 2018AY 2013-142 pages
AI SummaryRemanded

What did the Tribunal hold?

The Tribunal held that the CIT(A) should have provided the assessee with an adequate opportunity to be heard. Therefore, the case was restored to the file of the CIT(A) for fresh adjudication.

What were the facts?

The assessee's appeal before the CIT(A) was decided ex-parte as neither the assessee nor the departmental representative appeared. The CIT(A) did not decide the case on merits. The assessee then filed an appeal before the ITAT.

What were the issues?

Whether the CIT(A) erred in passing an ex-parte order without affording the assessee an opportunity of being heard, violating principles of natural justice.

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

Appearances by: Shri Siddartha Agarwal, Advocate, appeared on behalf of the assessee. Shri Kalyan Nath, Addl. CIT, Sr. D/R. appearing on behalf of the Revenue. Date of concluding the hearing : September 6th , 2018 Date of pronouncing the order : October 10th , 2018 ORDER Per J. Sudhakar Reddy, AM :-

This is an appeal filed by the assessee is directed against the order of the Commissioner of Income Tax (Appeals) - Jalpaiguri, (hereinafter the ‘Ld. CIT(A)’), dt. 11/04/2018, passed u/s 250 of the Income Tax Act, 1961 (hereinafter the ‘Act’), relating to Assessment Year 2013-14.

2.

Heard rival contentions. After perusing the order passed by the ld. CIT(A), I find that neither the assessee nor any departmental representative has appeared before the ld. CIT(A) and hence and ex-parte order was passed. As the ld. CIT(A) has not disposed off the case on merits, I 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.

Assessment Year: 2013-14 D.K. Engineering & Constructions Pvt. Ltd 3. In the result, appeal of the assessee is allowed for statistical purposes.

Kolkata, the 10th day of October, 2018.

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