ENERGY DEVELOPMENT COMPANY LIMITED,KOLKATA vs. DCIT, CIRCLE-12(1), KOLKATA, KOLKATA

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ITA 335/KOL/2024Status: DisposedITAT Kolkata15 October 2024AY 2012-13Bench: Shri Rajesh Kumar (Accountant Member), Shri Pradip Kumar Choubey (Judicial Member)2 pages
AI SummaryRemanded

What did the Tribunal hold?

The Tribunal restored the appeal to the file of the CIT(A). The CIT(A) was directed to decide the appeal on its merits after providing the assessee with a reasonable opportunity of being heard.

What were the facts?

The assessee's appeal before the CIT(A) was decided ex parte because the notice for hearing was not served. The assessee could not appear for the hearing due to this lack of proper notice.

What were the issues?

Whether the ex parte decision of the CIT(A) was justified without proper service of notice and whether the assessee was denied a reasonable opportunity of hearing.

Which sections of the Income-tax Act were involved?

Section 144,Section 147,Section 250(6)

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, “C” BENCH, KOLKATA

Before: Shri Rajesh Kumar, AM & Shri Pradip Kumar Choubey, JM]

Pronounced: 15.10.2024

ORDER

Per Shri Rajesh Kumar, AM

1.

This appeal filed by the assessee is against the order of Ld. CIT(A)-3, Gurugram dated 26.12.2023 for AY 2012-13 arising out of assessment order passed u/s. 144/147 of the Income Tax Act, 1961 (hereinafter referred to as the “Act”) by DCIT, Circle-12(1), Kolkata dated 28.12.2019.

2.

At the outset, Ld. Counsel for the assessee submitted before the Bench that appeal has been decided by first appellate authority ex parte without deciding the issues on merit as the assessee could not appear on the date appointed for hearing because the notice issued by the Ld. CIT(A) was not served. The Ld. AR, therefore, prayed that in the interest of justice and fair play the appeal may kindly be restored to the file of the Ld. CIT(A) with a direction to decide the same on merit after affording reasonable opportunity of hearing to the assessee which would be in accordance with the provisions of section 250(6) of the Act which requires the first appellate authority to state the point for determination and decision thereon and reason for arriving at such decision. Accordingly, we restore the issue to the file of the Ld. CIT(A) with a direction to decide the same on merit after affording reasonable opportunity of hearing to the assessee. Appeal of the assessee is allowed for statistical purpose.

3.

In the result, the appeal of the assessee is allowed for statistical purpose Order is pronounced in the open court on 15th October, 2024

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