M/S. RANGOTSAV SAREES (P) LTD.,KOLKATA vs. DCIT, CIRCLE-8, KOLKATA, KOLKATA
What did the Tribunal hold?
The Tribunal found sufficient cause for the assessee's non-appearance before the CIT(A). The CIT(A)'s ex-parte order was set aside, and the matter was remitted back for fresh disposal on merits.
What were the facts?
The assessee's appeal before the CIT(A) was dismissed ex-parte due to non-compliance with hearing notices. The assessee attributed this non-compliance to a family emergency, supported by an affidavit.
What were the issues?
Whether there was sufficient cause for the assessee's absence during CIT(A) hearings, and if the ex-parte order should be set aside.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, “C” BENCH, MUMBAI
Before: SHRI P.M. JAGTP, AM & SHRI A.T. VARKEY, JM
O R D E R
PER P.M. JAGTAP, ACCOUNTANT MEMBER:
By this application, the assessee is seeking stay of outstanding demand of Rs. 1,31,57,590/- for A.Y. 2011-12.
2 S.A No.47/KOL/2017 (A.Y. 2011-12) Rangotsav Sarees (P) Ltd.
We have heard the arguments of both the sides and also perused the relevant material on record. It is observed that the assessment in the case of the assessee for A.Y. 2011-12 was completed by the A.O. under section 143(3) vide an order dated 27.03.2014 determining the total income of the assessee at Rs. 3,25,35,200/- which gave rise to the impugned outstanding demand. Against the said order of the A.O., an appeal was filed by the assessee before the ld. CIT(A) and since there was no compliance on the part of the assessee to the notices issued by him fixing the said appeal for hearing from time to time, the ld. CIT(A) dismissed the said appeal vide his appellate order dated 12.01.2017 passed ex-parte. As submitted by the learned counsel for the assessee at the time of hearing before us, although the appeal filed by the assessee before the ld. CIT(A) was fixed for hearing by him on 24.05.2016, 26.03.2016 and 30.11.2016, the assessee could not attend the said hearing as his uncle Shri R. Agarwal was critically ill during the relevant period due to which he finally expired on 29.12.2016. Keeping in view this submission made by the learned counsel of the assessee which is duly supported by an affidavit filed by the director of the assessee-company, we are satisfied that there was sufficient cause for the non-appearance of the assessee before the learned CIT(A) when its appeal was fixed for hearing. Even the learned DR has not been able to rebut or controvert this position. The learned representative of both the sides have also agreed that even the appeal of the assessee filed before the Tribunal against the ex-parte order passed by the ld. CIT(A) can be disposed off and the matter may be remitted back to the ld. CIT(A) for disposing of the appeal of the assessee afresh after giving proper and sufficient opportunity of being heard of the assessee. Accordingly, the appeal of the assessee being has been taken up by us for hearing and keeping in view the
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