HARAKCHAND G. PATEL,MUMBAI vs. ITO 25(1)(1), MUMBAI

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ITA 3533/MUM/2016Status: DisposedITAT Mumbai29 March 2017AY 2007-082 pages
AI SummaryRemanded

What did the Tribunal hold?

The Tribunal found that the assessee had a reasonable cause for non-attendance and, following principles of natural justice, decided to remand the matter to the CIT(A) for fresh adjudication.

What were the facts?

The assessee's appeal was decided ex-parte by the CIT(A) because notices were allegedly not served at the assessee's new address. The assessee claimed to have moved in 2010-2011 and requested a remand.

What were the issues?

Whether the CIT(A) erred in deciding the appeal ex-parte without proper service of notice to the assessee, and if the matter should be remanded for fresh adjudication.

Which sections of the Income-tax Act were involved?

Section 50C

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, “SMC” BENCH, MUMBAI

For Appellant: Shri Hiro Rai
Hearing: 21.03.2017Pronounced: 29.03.2017

O R D E R

PER D. KARUNAKARA RAO, AM:

1.

This appeal filed by the assessee on 20.5.2016 is against the order of the CIT (A)-44, Mumbai dated 18.3.2016 for the assessment year 2007-2008.

2.

In this appeal, assessee raised six grounds in toto. At the outset, Ld Counsel for the assessee briefly narrated the facts of the case and submitted that the assessment under consideration was finalized with grave mistakes with reference to the share of the assessee in the property, which is the subject matter of addition u/s 50C of the Act. Bringing my attention to the affidavit dated 12.5.2016, Ld Counsel for the assessee submitted that the CIT (A) decided the first appeal ex-parte basing on the fact that the notices were issued on 21.4.2015; 4.2.2016 and 01.03.2016. But the fact is that these notices were never served on the assessee. Based on the said affidavit, Ld Counsel for the assessee mentioned that the assessee moved his address to Vile Parle way back in the year 2010-2011. Considering the above, Ld Counsel for the assessee requested for remanding the matter to the file of the CIT (A) for fresh adjudication after granting a reasonable opportunity of being heard to the assessee after serving notice to the new address at Vile Parle (E).

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