HITESH MEHTA,MUMBAI vs. INCOME TAX OFFICER-19(1)(5), MUMBAI
What did the Tribunal hold?
The Tribunal restored the appeals to the file of the CIT(A) for fresh adjudication. This was done in the interest of natural justice, subject to the assessee paying a cost of Rs. 2000/-.
What were the facts?
The assessee did not appear before the CIT(A), leading to an ex-parte order. The assessee also failed to appear before the ITAT, prompting an ex-parte hearing.
What were the issues?
Whether the CIT(A) order passed ex-parte should be set aside and the matter remanded for fresh adjudication, considering the principles of natural justice.
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, “SMC” Bench, Mumbai
Before: Shri B.R. Baskaran (AM)
Heard together (2 matters)
Read from the judgment's own cause title. This page is filed under one of them.
Both the appeals filed by the assessee relate A.Ys. 2010-11 & 2011-12 and they are directed against the orders passed by CIT(A)-29, Mumbai.
None appeared on behalf of the assessee, even though the cases were adjourned on the earlier occasion at the request of the assessee. Hence, we proceed to dispose of the appeal ex-parte, without presence of the assessee.
I heard ld. DR and perused the record. I Noticed that CIT(A) has passed an ex-parte order, since the assessee did not appear before him. Hence, in the interest of natural justice, I am of the view that the assessee should be provided with one more opportunity to present his case before CIT(A). However, I am of the view that it should be on terms. Accordingly I impose a cost of Rs. 2000/- upon the assessee and subject to the payment of said cost, I restore all the issues to the file of the CIT(A) for adjudicating them afresh after hearing the assessee. Accordingly, I direct the assessee to pay a sum of Rs. 2,000/- to the credit of Income Tax Department as “other fees”. I also direct the assessee to cooperate with Ld CIT(A) for expeditious disposal of the appeals.
2 Mr. Hitesh Mehta
In the result, both the appeals filed by the assessee are treated as allowed for statistical purposes.
Order has been pronounced in the Court on 2.11.2017.
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