ASIT KUMAR GHOSH,KOLKATA vs. ITO, WARD - 36(1), KOLKATA, KOLKATA
What did the Tribunal hold?
The Tribunal found that the CIT(A) passed an ex parte order and did not dispose of the case on merits. The assessee's reason for non-appearance was accepted.
What were the facts?
The assessee's appeal before the CIT(A) was decided ex parte without considering the merits. The assessee claimed to have been prevented by sufficient cause from appearing before the CIT(A).
What were the issues?
Whether the CIT(A) erred in passing an ex parte order without considering the merits of the case and whether the assessee had sufficient cause for non-appearance.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, “SMC” BENCH : KOLKATA
Before: Hon’ble Shri J.Sudhakar Reddy, AM]
ORDER This appeal by the Assessee is directed against the order of the ld. Commissioner of Income Tax (Appeals)-10, Kolkata (hereinafter the ‘ld. CIT(A)’), dt. 15.09.2016 passed u/s 250 of the Income Tax Act, 1961 (the ‘Act’) for the assessment year 2008-09.
After hearing rival submission and on a careful consideration of the facts and circumstances of the case, a perusal of papers on record and orders of the lower authorities below as well as case law cited, I hold as follows.
I find that the Ld. CIT(A) passed an ex parte order. He has not disposed off the case on merits. The assessee has convinced me that he was prevented by sufficient cause from appearing before the Ld. CIT(A).
In view of the above, this appeal is set aside to the file of the AO for fresh adjudication in accordance with law on the grounds of natural justice.
Asit Kumar Ghosh A.Yr.2008-09 5. The assessee is directed to appear before the Ld. CIT(A) within one month from the receipt of a copy of this order, take notice and thereafter cooperate with the Ld. CIT(A) in disposing off this appeal.
In the result, the appeal of the assessee is allowed for statistical purposes.
Order pronounced in the Court on 27.06.2018
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