SARLA GOEL,DELHI vs. ITO, WARD-34(5), NEW DELHI

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ITA 2975/DEL/2018Status: DisposedITAT Delhi18 September 2018AY 2013-143 pages
AI SummaryRemanded

What did the Tribunal hold?

The Tribunal found that the CIT(A) passed an ex-parte order without providing a proper hearing to the assessee. Therefore, the matter was remanded back to the CIT(A) to provide an opportunity of hearing and decide the issue on merit.

What were the facts?

The assessee filed an appeal before the CIT(A) which was decided ex-parte. The CIT(A) allegedly passed the order without giving a proper hearing and ignored the manually filed appeal memo.

What were the issues?

Whether the CIT(A) erred in passing an ex-parte order without affording a proper opportunity of hearing to the assessee, thereby violating principles of natural justice.

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, DELHI BENCH: ‘SMC+D’ NEW DELHI

Before: SHRI N. K. SAINI & MS SUCHITRA KAMBLE&

Hearing: 18.09.2018Pronounced: 18.09.2018

This appeal is filed by the assessee against the order dated 17/10/2017 passed by CIT (A)-12, New Delhi for Assessment Year 2013-14.

2.

At the time of hearing the Ld. AR submitted that the CIT(A) passed the ex-parte order without giving proper hearing to the assessee. From the perusal of the order of the CIT(A), it is found that the order of the CIT(A) is ex-parte. The assessee was not given hearing before the CIT(A). Besides that the CIT(A) ignored the manually filed appeal memo of the assessee. Therefore, in the interest of justice, we are inclined to grant one more opportunity to the assessee to remain present before the CIT(A) and properly plead the case before the CIT(A). If the assessee fails to appear before the CIT(A), then the CIT(A) should proceed with the documents filed by the assessee and decide the issue on merit after thoroughly verifying the documents. Thus, we are remanding back this matter before the CIT(A) to decide the issue after giving opportunity of hearing to the assessee by following principles of natural justice.

3.

In result, the appeal of the assessee is partly allowed for statistical purpose.

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