ASHWANI KUMAR BHARDWAJ,NEW DELHI vs. ITO, NEW DELHI

PDF · subscribers
ITA 2018/DEL/2016Status: DisposedITAT Delhi20 September 2016AY 2004-053 pages
AI SummaryRemanded

What did the Tribunal hold?

The Tribunal condoned the delay in filing the appeals due to reasonable cause. It was held that the assessee should not be condemned unheard and therefore, the cases were remanded back to the AO for fresh adjudication.

What were the facts?

The assessee's appeals were filed beyond the limitation period. The assessee sought condonation of delay citing hospitalization of their counsel, supported by a medical certificate. The appeals were decided ex-parte by the Assessing Officer (AO) and the Commissioner of Income Tax (Appeals) (CIT(A)).

What were the issues?

Whether the delay in filing the appeals should be condoned and whether the ex-parte orders passed by the lower authorities were justified.

Which sections of the Income-tax Act were involved?

Section 144

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, DELHI BENCH ‘SMC-1’, NEW DELHI

Before: Sh. N. K. Saini

Hearing: 20.09.2016Pronounced: 20.09.2016

ORDER These two appeals by the assessee are directed against the separate orders each dated 29.12.2015 of the ld. CIT(A)- XXI, New Delhi

2.

The Registry has pointed out that the appeals are barred by limitation by 46 days. The assessee moved an application for condonation of delay stating therein that the Counsel of the assessee was hospitalized at the time of receipt of the impugned orders and thereafter. In support of the above contention a medical certificate issued by Sir Ganga Ram Hospital, New Delhi dated 01.03.2016 has been furnished, which is placed on record. It appears that there was a & 2019/Del/2016 2 Ashwani Kumar Bhardwaj reasonable cause for not filing the appeal within time and delay was not intentional or malafide. Therefore, the delay in filing the appeal is condoned and the appeals are admitted.

3.

In both these appeals identical grounds have been raised and the main grievance of the assessee is against the ex-parte order passed by the AO as well as the ld. CIT(A).

4.

I have considered the submissions of both the parties and perused the material on the record. It is noticed that for both the assessment years, the AO passed the assessment order u/s 144 of the Income Tax Act, 1961 and the ld. CIT(A) also passed the impugned orders ex-parte. Although the ld. CIT(A) mentioned that the assessee sought adjournments however, the appeals were decided ex-parte. It is well settled that nobody should condemned unheard as per the maxim “audi alteram partem”. In that view of the matter, I deem it appropriate to remand these cases back to the file of the AO to be decided afresh in accordance with law after providing due and reasonable opportunity of being heard to the assessee. & 2019/Del/2016 3 Ashwani Kumar Bhardwaj 5. In the result, appeals of the assessee are allowed for statistical purposes. (Order Pronounced in the Court on 20/09/2016)

Recent GST High Court judgments

Search GST case law →