S.R. NIRMAN PVT. LTD.,HOWRAH vs. DCIT, CIRCLE - 13(2), KOLKATA, KOLKATA

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ITA 1466/KOL/2017Status: DisposedITAT Kolkata06 August 2018AY 2012-132 pages
AI SummaryRemanded

What did the Tribunal hold?

The Tribunal found that the CIT(A) had passed an ex-parte order. In the interest of justice, the Tribunal remanded the appeal back to the CIT(A) for a fresh adjudication.

What were the facts?

The assessee's appeal before the CIT(A) was decided ex-parte as the assessee failed to appear for hearings. The assessee claimed that notices were not received, violating principles of natural justice.

What were the issues?

Whether the principles of natural justice were violated due to non-receipt of hearing notices by the assessee before the CIT(A).

Which sections of the Income-tax Act were involved?

Section 143(3)

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, “D” BENCH : KOLKATA

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

Hearing: 06.08.2018Pronounced: 06.08.2018

ORDER

Per M.Balaganesh, AM

1.

This appeal by the assessee arises out of the order of the Learned Commissioner of Income Tax(Appeals)-5, Kolkata [in short the ld CIT(A)] in Appeal No.243/CIT(A)-5/Kol/Cir-13(2)/15-16 dated 30.03.2017 against the order passed by the DCIT, Circle-13(2), Kolkata [ in short the ld AO] under section 143(3) of the Income Tax Act, 1961 (in short “the Act”) dated 25.03.2015 for the Assessment Year 2012-13.

2.

The assessee has raised several grounds. The preliminary ground raised therein is regarding violation of principles of natural justice in as much as the notice of hearing was not received by the assessee from the Ld. CIT(A). We find that the Ld. CIT(A) had noted in his appellate order that notice of hearing dated 12.07.2016 was duly served on the assessee and adjournment was sought for on 22.08.2016. Thereafter, nobody appeared on behalf of the assessee before the Ld. CIT(A). The Ld. CIT(A) further stated that subsequent notices of hearing could not be served on the assessee. Accordingly, the Ld. CIT(A) proceeded to dispose off the appeal ex-parte against the assessee. We have Assessment Year: 2012-13 S.R. Nirman Pvt. Ltd. heard Ld. DR. At the time of hearing, the staff of the assessee, Shri Sumit Khanna sought adjournment dated 03.08.2018. We find that the Ld. CIT(A) had passed an ex-parte order and hence in the interest of justice and fairplay, we deem it fit and appropriate to remand this appeal to the file of the Ld. CIT(A) for de novo adjudication of the grounds raised before him by the assessee, uninfluenced by the earlier decision taken by Ld. CIT(A) in this appeal. Accordingly, the grounds raised by the assessee are allowed for statistical purposes.

3.

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

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