SRI. S.D. RADDI,DHARWAD vs. ASST.C.I.T., HUBLI

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ITA 948/BANG/2014Status: DisposedITAT Bangalore18 October 2016AY 2007-083 pages
AI SummaryRemanded

What did the Tribunal hold?

The Tribunal held that the CIT(Appeals) order was passed without providing a proper opportunity of hearing to the assessee. Therefore, the order of the CIT(Appeals) was set aside.

What were the facts?

The assessee appealed to the CIT(Appeals) against the orders of the lower authorities. The CIT(Appeals) disposed of the appeals summarily without affording the assessee a proper opportunity of being heard.

What were the issues?

Whether the CIT(Appeals) properly afforded an opportunity of being heard to the assessee before disposing of the appeals.

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, “B” BENCH : BANGALORE

Before: SHRI SUNIL KUMAR YADAV & SHRI A.K. GARODIA

For Appellant: Shri Ashok A. Kulkarni, Advocate
For Respondent: Shri A.R.V. Sreenivasan, Jt. CIT(DR)
Hearing: 25.08.2016Pronounced: 18.10.2016

Per Sunil Kumar Yadav, Judicial Member

1.

These appeals are preferred by the assessee against the order of CIT(Appeals). Since these appeals were heard together, these are being disposed of through this consolidated order.

2.

During the course of hearing, the ld. Counsel for the assessee has invited our attention that CIT(Appeals) has disposed of these appeals summarily without affording proper opportunity of being heard to the assessee. The ld. DR did not dispute these facts.

3.

Though our attention was invited to the opening part of the CIT(Appeals) order in which he has recorded the presence of the assessee, but in the body of the order, he has mentioned at number of places that despite sufficient opportunities to the assessee, no details were filed in support of his claim. Since these appeals were not disposed of by the CIT(Appeals) after affording proper opportunity of being heard to the assessee, we are of the view that the order of CIT(Appeals) be set aside and matter be restored to his file to readjudicate the appeal afresh after affording opportunity of being heard to the assessee. We order accordingly.

4.

In the result, the appeals of the assessee are allowed for statistical purposes.

Pronounced in the open court on this 18th day of October, 2016.

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