SHRI GAURAV HANS,ALWAR vs. INCOME TAX OFFICER, WARD- BHIWADI, ALWAR
What did the Tribunal hold?
The ITAT, while noting the assessee's lack of diligence, decided to provide one more opportunity for a hearing to ensure principles of natural justice are followed. The impugned order of the CIT(A) was set aside.
What were the facts?
The assessee did not appear before the Assessing Officer (AO) or the Commissioner of Income Tax (Appeals) (CIT(A)), leading to ex parte decisions. The assessee also failed to appear before the ITAT.
What were the issues?
Whether the assessee was provided with adequate opportunity of hearing and whether the ex parte orders passed by lower authorities should be upheld.
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, JAIPUR BENCHES “B”, JAIPUR
Before: SHRI N.K. SAINI & SHRI SANDEEP GOSAIN, JM
vk;dj vihy la-@ITA No. 769/JP/2019 Assessment Year: 2010-11 Gaurav Hans, cuke I.T.O., Vs. FF-1, Konark Oasis, Opp. MVL, Ward-Bhiwadi, Alwar Road, The.- Tijara-301019, Alwar. PAN No.: ABPPH 4906 C vihykFkhZ@Appellant izR;FkhZ@Respondent fu/kZkfjrh dh vksj ls@ Assessee by : None jktLo dh vksj ls@ Revenue by : Smt. Monisha Choudhary (JCIT) lquokbZ dh rkjh[k@ Date of Hearing : 02/12/2021 mn?kks"k.kk dh rkjh[k@ Date of Pronouncement : 06/01/2022 vkns'k@ ORDER PER: SANDEEP GOSAIN, J.M. The present appeal has been filed by the assessee against the order of the ld. CIT(A), Alwar dated 19/03/2019 for the A.Y. 2010-11.
The hearing of the appeal was concluded through video conference in view of the prevailing situation of Covid-19 Pandemic.
At the time of hearing, nobody has appeared on behalf of the assessee nor any adjournment application has been filed. From perusal of the record, we observed that the case of the assessee was decided ex parte by the ld. CIT(A) as well as the A.O. as because no one had appeared on behalf of the assessee nor any reply had been filed. Even before us, nobody has appeared to represent the case of the assessee. It was the bounded duty of the parties i.e. assessee as well as the 2 ITA 769/JP/2019_ Gaurav Hans Vs ITO Department to appear before the Revenue authorities at all stages. Since, this was the assessee’s appeal, therefore it was all the more important for the assessee to appear before A.O. as well as before the Ld. CIT(A). However, the assessee had not acted with due diligence. Nevertheless, the principles of natural justice demands that the lis between the parties should be decided on merits after providing due opportunity of hearing to both the parties. Accordingly, in the facts and circumstances of the case and in the interest of justice, we decide to give one more opportunity of hearing to the assessee and we set aside the impugned order of the ld. CIT(A) and remand the matter back to the record of the A.O. for deciding the issue afresh on merits after giving an opportunity of hearing to the assessee. The assessee is also directed to cooperate with the A.O. in deciding the appeal on merits and without any sufficient reason, not to take further adjournments.
In the result, appeal of the assessee is allowed for statistical purposes only. Order pronounced in the open court on 06th January, 2022. Sd/- Sd/- ¼,u-ds-lSuh½ ¼lanhi x®lkÃa½ (N.K. SAINI) (SANDEEP GOSAIN) mik/;{k@Vice President U;kf;d lnL;@Judicial Member Tk;iqj@Jaipur fnukad@Dated:- 06/01/2022 *Ranjan आदेश की प्रतिलिपि अग्रेf’ात@ब्वचल वf जीम वतकमत वितूंतकमक जवरू vihykFkhZ@The Appellant- Shri Gaurav Hans, Tijara. 1. izR;FkhZ@ The Respondent- The I.T.O., Ward-Bhiwadi, Alwar. 2. vk;dj vk;qDr@ CIT 3. vk;dj vk;qDr¼vihy½@The CIT(A) 4.
3 ITA 769/JP/2019_ Gaurav Hans Vs ITO विभागीय प्रतिनिधि] आयकर अपीलीय अधिकरण] जयपुर@क्त्ए प्ज्Aज्ए Jंपचनत 5. xkMZ QkbZy@ Guard File (ITA No. 769/JP/2019) 6. vkns'kkuqlkj@ By order,
सहायक पंजीकार@Aेेज. त्महपेजतंत
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