M/S BALGOPAL DISTRIBUTORS PVT. LTD.,KOLKATA vs. ITO, WD-1(2), KOLKATA, KOLKATA

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ITA 966/KOL/2016Status: DisposedITAT Kolkata05 September 2018AY 2008-093 pages
AI SummaryRemanded

What did the Tribunal hold?

The Tribunal found it appropriate to remand the appeal back to the CIT(A) to decide the issue on merits. The CIT(A) was directed to provide three effective opportunities of being heard to the assessee.

What were the facts?

The assessee's appeal before the CIT(A) was dismissed ex parte as no one attended the hearing on the last date. The assessee's AR submitted an affidavit stating he fell sick and could not attend the hearing.

What were the issues?

Whether the CIT(A) erred in dismissing the appeal ex parte without adjudicating on merits, and if the assessee's absence was due to a valid reason.

Which sections of the Income-tax Act were involved?

Section 143(3),Section 263

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, “B” BENCH : KOLKATA

Before: Hon’ble Shri S.S. Godara, JM & Shri M.Balaganesh, AM ]

Hearing: 30.08.2018Pronounced: 05.09.2018

ORDER Per M.Balaganesh, AM

1.

This appeal by the Assessee arises out of the order of the Learned Commissioner of Income Tax(Appeals)-1, Kolkata [in short the ld CIT(A)] in Appeal No. 64/CIT(A)- 1/Wd-1(2)/2014-15 dated 29.02.2016 against the order passed by the ITO, Ward-1(2), Kolkata [ in short the ld AO] under section 143(3) / 263 of the Income Tax Act, 1961 (in short “the Act”) dated 26.03.2014 for the Assessment Year 2008-09.

2.

We find that the preliminary ground raised by the assessee in this appeal is with regard to ex parte order passed by the ld. CIT(A). At the outset we would like to address this preliminary issue raised by the assessee. We find that the ld. CIT(A) had fixed the dates of hearing on 21.12.2015, 28.01.2016, 10.02.2016 and 26.02.2016. The ld. CIT(A)

2 M/s Balgopal Distributors Pvt. Ltd. A.Yr. 2008-09 observed that none attended on behalf of the assessee on the last date of hearing nor any adjournment petition was filed. Accordingly, he proceeded to dismiss the appeal of the assessee ex parte without adjudicating the issue on merits. Aggrieved the assessee is in appeal before us.

3.

We have heard the rival submissions. The ld. AR placed on record an affidavit signed by the ld. AR of the assessee company affirming that on 26.02.2016 i.e. the last date of hearing before the ld. CIT(A), he fell sick and accordingly could not appear before the ld. CIT(A) to represent the case on behalf of the assessee. In this circumstance, we deem it fit and appropriate to remand this appeal to the file of ld. CIT(A) for giving a factual finding on the issue on merits after giving three effective opportunities to the assessee of being heard. The ld. CIT(A) is directed to complete the appeal on or before 28.02.2019. The assessee is directed to co-operate with the ld. CIT(A) for expeditious disposal of the pending appeal and not to take adjournment except due to exceptional or unavoidable circumstances. Since the appeal is set aside to the file of the ld. CIT(A) on preliminary ground, no decision is hereby given on other grounds raised by the assessee.

4.

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

Order pronounced in the Court on 05.09.2018

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