SINGH INDUSTRIES PRIVATE LIMITED,MORENA vs. WARD 1, MORENA
What did the Tribunal hold?
The tribunal set aside the impugned orders of the CIT(A) for both assessment years. The appeals were restored to the file of the CIT(A) for de novo adjudication, providing the assessee with another opportunity to present its case.
What were the facts?
The assessee filed appeals for AYs 2010-11 and 2017-18 after the CIT(A) confirmed the assessments. The assessee failed to appear or make representations before the CIT(A) in the first appeal. The tribunal noted a delay in filing the current appeals, which was condoned.
What were the issues?
Whether the assessee should be given another opportunity to present its case before the CIT(A) due to non-representation in the first appeal.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, “DB” BENCH, AGRA
Before: HONBLE SHRI SATBEER SINGH GODARA, JM & HONBLE SHRI MANOJ KUMAR AGGARWAL, AM
Heard together (2 matters)
Read from the judgment's own cause title. This page is filed under one of them.
आदेश / O R D E R Manoj Kumar Aggarwal (Accountant Member)
Aforesaid appeals by assessee for Assessment Years (AY) 2010- 11 & 2017-18 arises out of separate orders of learned Commissioner of Income Tax, National Faceless Appeal Centre (NFAC), Delhi [CIT(A)] both dated 30-09-2023 in the matter of assessments framed by Ld. Assessing Officer [AO] u/s. 143(3) of the Act on 25-03-2013 & 31-12- 2019 for AYs 2010-11 & 2017-18 respectively. At the time of hearing, none appeared for assessee despite notice. Accordingly, the appeals were proceeded with the able assistance of Ld. Sr. DR who pleaded for dismissal of the appeals. The registry has noted delay of 44 days in the appeals which stand condoned.
In AY 2010-11, Ld. AO determined income at Rs.152.63 Lacs after various additions / disallowances under the head ‘business income’ and ‘income from other sources’. Similar assessment was framed for AY 2017-18. Though the assessee preferred first appeal for both the years, it failed to make any representation therein which resulted into confirmation of assessments. Aggrieved, the assessee is in further appeal before us.
Keeping in mind the principles of natural justice and considering the possibility of communication gaps at various levels during faceless regime, we deem it fit to afford another opportunity to the assessee to substantiate its case before Ld. CIT(A). Accordingly, the impugned orders, for both 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 case forthwith.
Both the appeals stand allowed for statistical purposes. Order pronounced on 12th February, 2025.
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