M/S. INDIAN OVERSEAS TRADERS,BANGALORE vs. INCOME-TAX OFFICER, BANGALORE

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ITA 1315/BANG/2016Status: DisposedITAT Bangalore17 February 2017AY 2006-20073 pages
AI SummaryRemanded

What did the Tribunal hold?

The Tribunal found that the CIT(A)'s order did not indicate any notice of hearing was issued to the assessee. Therefore, in the interest of justice, the matter was restored to the CIT(A) for a fresh decision after providing adequate opportunity to both parties.

What were the facts?

The assessee appealed an ex-parte order from the CIT(A). The assessee contended that no notice of hearing was served by the CIT(A), thus denying them an opportunity to be heard. The Revenue supported the CIT(A)'s order.

What were the issues?

Whether the CIT(A) order was passed ex-parte without providing adequate opportunity of hearing to the assessee.

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, “SMC-A” BENCH : BANGALORE

Before: SHRI A.K. GARODIA

For Appellant: Shri. Balram R. Rao, Advocate
For Respondent: Shri. AR. V. Sreenivas, JCIT
Hearing: 14.02.2017Pronounced: 17.02.2017

Per A.K. Garodia, Accountant Member

1.

This is an assessee’s appeal directed against the order of learned CIT (Appeals), Bengaluru-2, Bengaluru dated 22.04.2016 for the assessment year 2006-07.

2.

The grounds raised by the assessee are as under:-

3.

It was submitted by learned AR of the assessee that the order of the CIT (A) is ex-parte qua the assessee because no notice was served on the assessee by the learned CIT(A) and therefore,0 in the interest of justice, the matter should be restored back to the file of the CIT(A) for a fresh decision after granting adequate opportunity of being heard to the assessee. The learned DR supported the order of the CIT(A).

4.

I have considered the rival submissions. I find that there is no mention in the order of the CIT(A) that any notice of hearing was issued by CIT(A) to the assessee and there was no compliance. It is also seen that in the order of the CIT(A), it is clearly stated that none were present for the assessee. I am of the considered opinion that in the interest of justice, the matter should go back to the file of the CIT(A) for fresh decision after allowing adequate opportunity of being heard to both the sides. Page 3 of 3 Accordingly, I set aside the order of the CIT(A) and restore back the matter to his file for fresh decision after allowing adequate opportunity of being heard to both the sides. I want to make it clear that I am expressing no opinion on the merit of any issue involved in the present appeal.

5.

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

Pronounced in the open court on this 17th day of February, 2017.

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