TIP TOP BUILDERS & CONSTRUCTION PVT. LTD.,KOLKATA vs. ITO, WD-4(1), KOLKATA, KOLKATA
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 file of the CIT(A) for fresh adjudication.
What were the facts?
The assessee's appeal before the CIT(A) was dismissed for non-appearance. The assessee claimed to have been prevented by sufficient cause from appearing on the scheduled date.
What were the issues?
Whether the assessee was prevented by sufficient cause from appearing before the CIT(A) and if the dismissal for non-appearance was justified.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, KOLKATA ‘C’ BENCH, KOLKATA
Before: Sri J. Sudhakar Reddy, Hon’ble & Sri Aby T. Varkey, Hon’ble]
Date of concluding the hearing : December 14th, 2017 Date of pronouncing the order : December 21st , 2017
O R D E R Per J. Sudhakar Reddy :-
This appeal filed by the assessee 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. 10/03/2016, for the Assessment Year 2009-10.
After hearing rival contentions, we are convinced that the assessee was prevented by sufficient cause from appearing before the ld. CIT(A) on the date of hearing. The assessee filed an affidavit explaining the reasons. In my view, the appeal should be restored to the file of the ld. First Appellate Authority, for fresh adjudication in accordance with law, on the ground of natural justice.
2 Assessment Year: 2009-10 Tip Top Builders & Constructions Pvt. Ltd 3. The assessee is directed to appear before the ld. First Appellate Authority on 22/01/2018, take notice, and thereafter co-operate is disposal of the appeal.
In the result, the appeal of the appeal is for statistical purposes.
Kolkata, the 21st day of December, 2017.
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