NIDHI BANSAL,FARIDABAD vs. ITO WARD-2(1), FARIDABAD
What did the Tribunal hold?
The ITAT found that the CIT(A) had not specifically addressed the jurisdictional challenge raised by the assessee. Therefore, the ITAT set aside the impugned order and restored the issue to the CIT(A) for a fresh decision on the jurisdictional aspect.
What were the facts?
The assessee filed an appeal challenging the CIT(A)'s order. However, the assessee remained unrepresented during the hearing before the ITAT. The appeal was heard ex-parte on merits.
What were the issues?
The key legal issue was whether the Assessing Officer had validly assumed jurisdiction and obtained necessary approvals. The ITAT also noted a lack of specific findings by the CIT(A) on this jurisdictional ground.
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, DELHI BENCH ‘SMC’: NEW DELHI
Hearing conducted via Webex ORDER
The present appeal has been filed by the assessee wherein the correctness of the order dated 22.05.2019 of CIT(A)-Faridabad pertaining to 2011-12 assessment year is assailed on various grounds on the merits of the addition as well as on the assumption of jurisdiction and also on lack of opportunity.
However, at the time of hearing, no one was present on behalf of the assessee. The appeal was passed over. In the next ground also the assessee remained unrepresented. Considering the facts it was deemed appropriate to hear the Ld. Sr. DR and proceed with the appeal ex-parte qua the assessee appellant on merits.
On a perusal of the order it is seen that on the assumption of jurisdiction there was a generalistic jurisdictional challenge before the CIT(A) vide ground no. 1 which has been specifically elaborated vide ground No.1 & 2 in the present proceeding before the ITAT. On these specific issues it is seen that there is no specific finding of the CIT(A) as it was not argued in such a manner. The fact that it was a legal ground maintainable in law is not in dispute.
Before the ITT the challenge vide Ground No.1 is that the jurisdiction was assumed without recording valid reasons and without obtaining valid approval as per law.
In the absence of any finding on these issues after hearing the ld. Sr. DR it was deemed appropriate to set aside the impugned and restore the issues back to the file of the Ld. CIT(A) with a direction to first decide the jurisdictional issue and thereafter if need be proceed to decide the issues on merits. The assessee in its own interests is directed to ensure full and proper cooperation and participation before the CIT(A). Said order was pronounced at the time of virtual hearing itself in the presence of the parties Webex.
In the result, the appeal of the assessee is allowed for statistical purposes.
Order pronounced on 09th September, 2021
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