SRI SOUVIK DUTTA GUPTA,HOOGHLY vs. ITO, WD-2(2), HOOGHLY, HOOGHLY

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ITA 1279/KOL/2016Status: DisposedITAT Kolkata16 March 2018AY 2010-20112 pages
AI SummaryRemanded

What did the Tribunal hold?

The Tribunal found that the assessee had sufficient cause for not appearing before the CIT(A). Therefore, the appeal was restored to the CIT(A) for fresh adjudication on grounds of natural justice.

What were the facts?

The assessee's appeal before the CIT(A) was decided ex-parte. The assessee claimed to have been prevented by sufficient cause from appearing before the CIT(A).

What were the issues?

Whether the ex-parte order passed by the CIT(A) was justified and whether the assessee had sufficient cause for non-appearance.

Which sections of the Income-tax Act were involved?

Section 250

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, KOLKATA ‘SMC’ BENCH, KOLKATA

Before: Sri J. Sudhakar Reddy]

Date of concluding the hearing : February 6th, 2018 Date of pronouncing the order : March 16th, 2018 O R D E R Per J. Sudhakar Reddy :-

This appeal filed by the assesse is directed against the order of the ld. Commissioner of Income Tax (Appeals)-6, Kolkata, (hereinafter the ‘ld. CIT (A)’), passed u/s 250 of the Income Tax Act, 1961 (the ‘Act’), dt. 28/04/2016.

2.

In this case, I find that the ld. First Appellate Authority, has passed an ex-parte order. The assessee has demonstrated before me that he was prevented by sufficient cause from appearing before the ld. CIT(A) on the date of hearing.

3.

Hence, I restore this appeal to the file of the ld. First Appellate Authority for fresh adjudication on the grounds of natural justice. The assessee is directed to appear before the ld. First Appellate Authority, within one month of the receipt of this order, take notice and thereafter co-operate in the disposal of the appeal.

2 Assessment Year: 2010-11 Sri Souvik Dutta Gupta 4. In the result, the appeal of the assessee is allowed for statistical purposes. Kolkata, the 16th day of March, 2018. Sd/- [J. Sudhakar Reddy] Accountant Member Dated : 16.03.2018 {SC SPS} Copy of the order forwarded to: 1. Sri Souvik Dutta Gupta Maynadanga P.O. Chinsurah Hooghly – 712 102 2. Income Tax Officer, Ward-2(2), Hooghly G.T. Road Khadina More P.O. Chinsurah Hooghly – 712 101 3. CIT(A)- 4. CIT- , 5. CIT(DR), Kolkata Benches, Kolkata.

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