VEEA FISCAL SERVICES PRIVATE LIMITED,KOLKATA vs. DCIT, CIRCLE-11, KOLKATA, KOLKATA

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ITA 1807/KOL/2017Status: DisposedITAT Kolkata30 August 2018AY 2007-082 pages
AI SummaryRemanded

What did the Tribunal hold?

The Tribunal restored the matter to the file of the CIT(A) for fresh adjudication. The assessee was to be given an adequate opportunity of being heard.

What were the facts?

The assessee was prevented by sufficient cause from appearing before the CIT(A) on the date of hearing. The CIT(A) did not dispose of the case on merits as required by law.

What were the issues?

Whether the CIT(A) correctly disposed of the appeal when the assessee was prevented by sufficient cause from appearing.

Which sections of the Income-tax Act were involved?

Section 250

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, BENCH ‘D’ KOLKATA

Before: Hon’ble Shri J.Sudhakar Reddy, AM & Shri A.T.Varkey, JM]

PER J.SUDHAKAR REDDY, AM:

1.

This is an appeal filed by the assessee directed against the order of the Commissioner of Income Tax-(A)-4, Kolkata dated 31.05.2017 passed u/s 250 of the Income Tax Act, 1961 (the ‘Act ‘) relating to A.Y. 2007-08.

2.

After hearing rival contentions, we find that the assessee was prevented by sufficient cause from appearing before the ld. CIT(A) on the date of hearing. The ld. CIT(A) has not disposed off the case on merits as required by law. Hence we restore the matter to the file of CIT(A) for fresh adjudication in accordance with law, after giving the assessee adequate opportunity of being heard.

3.

In the result this appeal of the assessee is allowed for statistical purpose. Order pronounced in the Court on 30.08.2018.

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