SH PRAKASH NARAYAN AGRAWAL ,GWALIOR vs. ACIT CIRCLE 2, GWALIOR
Facts
The appeals by the assessee for Assessment Years 2006-07 to 2009-10 arose from orders confirming assessments due to lack of assessee representation. Gains on securities were treated as business income and not rebutted by documentary evidence.
Held
The Tribunal, considering the principles of natural justice, decided to grant the assessee another opportunity for a hearing before the CIT(A). The impugned orders were set aside, and the appeals were restored for de novo adjudication.
Key Issues
Whether the assessee should be granted another opportunity of hearing before the CIT(A) to substantiate their case, considering the principles of natural justice.
Sections Cited
34(4) of Income Tax (Appellate Tribunal) Rules, 1963
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Income Tax Appellate Tribunal, “SMC” BENCH, AGRA
Before: HON’BLE SHRI SATBEER SINGH GODARA, JM & HON’BLE SHRI MANOJ KUMAR AGGARWAL, AM
IN THE INCOME TAX APPELLATE TRIBUNAL “SMC” BENCH, AGRA BEFORE HON’BLE SHRI SATBEER SINGH GODARA, JM AND HON’BLE SHRI MANOJ KUMAR AGGARWAL, AM आयकरअपील सं./ ITA No. 33 to 36/Agr/2022 (िनधा�रणवष� / Assessment Year: 2006-07 to 2009-10) बनाम/ Shri Prakash Narayan Agrawal ACIT Circle-2 D-55 Harishankar Puram, Gwalior Gwalior Vs. �थायीलेखासं./जीआइआरसं./PAN/GIR No.ABUPA-9961-F (अपीलाथ�/Appellant) : (��थ� / Respondent) अपीलाथ�कीओरसे/ Appellant by : Shri Anurag Sinha, Adv.- Ld. AR ��थ�कीओरसे/Respondent by : Shri Shailendra Shrivastava – Ld. Sr. DR सुनवाईकीतारीख/Date of Hearing : 12-02-2025 घोषणाकीतारीख /Date of Pronouncement : 28-03-2025 आदेश / O R D E R Manoj Kumar Aggarwal (Accountant Member) 1. Aforesaid appeals by assessee for Assessment Years (AY) 2006- 07 to 2009-10 arises out of separate orders of learned first appellate authority confirming the quantum assessments for all these years for want of any representation from the assessee. 2. Upon perusal of para-7 of impugned order dated 30-03-2022 as passed by Learned Commissioner of Income Tax (Appeals), NFAC [CIT(A)] for AY 2006-07, it could be seen that the gains on securities were treated as business income by Ld. AO and the assessee could not rebut the same by documentary evidences. Accordingly, the assessment was confirmed against which the assessee is in further appeal before us. The impugned orders for subsequent years are also
on similar lines. Considering this fact, Ld.AR has pleaded for another opportunity of hearing before Ld. CIT(A) which has been opposed by Ld. Sr. DR. 3. Keeping in mind the principles of natural justice, we deem it fit to afford another opportunity of hearing to the assessee to substantiate its case before Ld. CIT(A). Accordingly, the impugned orders, for all the years, are set aside and the appeals are restored back to the file of Ld. CIT(A) for de novo adjudication after affording reasonable opportunity of hearing to the assessee. The assessee is directed to substantiate its cases forthwith. 4. All the appeals stand allowed for statistical purposes as indicated upon conclusion of hearing. Order pronounced u/r 34(4) of Income Tax (Appellate Tribunal) Rules, 1963.
Sd/- Sd/- (SATBEER SINGH GODARA) (MANOJ KUMAR AGGARWAL) �ाियक सद� /JUDICIAL MEMBER लेखा सद� /ACCOUNTANT MEMBER Dated: 28-03-2025 आदेश की �ितिलिप अ�ेिषत / Copy of the Order forwarded to : 1. अपीलाथ�/Appellant 2. ��थ�/Respondent 3. आयकरआयु�/CIT 4. िवभागीय�ितिनिध/DR 5. गाड�फाईल/GF ASSISTANT REGISTRAR
ITAT AGRA
