ARIHANT RETAIL PRIVATE LIMITED,CHENNAI vs. DCIT, CORPORATE CIRCLE-1(1), CHENNAI
What did the Tribunal hold?
The tribunal set aside the ex parte orders of the CIT(A) and restored the appeals to the CIT(A)'s file. The CIT(A) was directed to pass an order in accordance with the law after providing the assessee an opportunity to be heard.
What were the facts?
The assessee's appeals were ex parte orders from the CIT(A) because of a defect in the provided email ID, leading to non-receipt of notices. The assessee requested another opportunity to present their case.
What were the issues?
Whether the CIT(A) erred in passing ex parte orders without ensuring proper service of notice to the assessee, thereby violating principles of natural justice.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, ‘A’ BENCH: CHENNAI
Before: SHRI ABY T. VARKEY & SHRI MANOJ KUMAR AGGARWAL
आदेश / O R D E R
PER ABY T. VARKEY, JM: These two appeals preferred by the assessee against the order of the Learned Commissioner of Income Tax (Appeals)/NFAC, (hereinafter in short "the Ld.CIT(A)”), Delhi, both dated 23.01.2024 for the Assessment Years (hereinafter in short "AYs”) 2018-18 & 2021-22. & 752/Chny/2024 (AY 2018-19 & 2021-22) M/s.Arihant Retail Pvt. Ltd. :: 2 ::
At the outset, the Ld.AR of the assessee submitted that the impugned orders of the Ld.CIT(A) are ex parte orders qua assessee.
The Ld.AR pointed out that there was a defect in the e-mail ID: stat@arihantretail.in in Form No.35, and therefore, the assessee didn’t receive any notices from Office of the Ld.CIT(A). It was prayed that one more opportunity may be granted to the assessee and also brought to our notice that correct e-mail ID on which notices to be sent, which is reflected in Form No.36 as under: grouparihant23@gmail.com
Taking into consideration that the assessee has statutory right of appeal, if it is aggrieved with the Assessment Order, cannot be frustrated by the Ld.CIT(A) passing the order without hearing the assessee. Therefore, for the ends of the justice and fair play, we set aside the impugned orders of the Ld.CIT(A) and restore the appeal back to the file of the Ld.CIT(A) with a direction to pass order in accordance to law. Needless to say that assessee to be diligent and file written submissions/relevant documents before the Ld.CIT(A) and if necessary request for hearing through the virtual & 752/Chny/2024 (AY 2018-19 & 2021-22) M/s.Arihant Retail Pvt. Ltd. mode and the Ld.CIT(A) to decide the grounds of appeal in accordance to law as per sub-section (6) of sec.250 of Income Tax Act, 1961 by passing a speaking order.
In the result, appeals filed by the assessee are allowed for statistical purposes.
Order pronounced on the 25th day of June, 2024, in Chennai.
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