AAYUSH GOEL,KOLKATA vs. I.T.O., WARD - 29(1), KOLKATA, KOLKATA

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ITA 1554/KOL/2024Status: DisposedITAT Kolkata04 September 2024AY 2013-2014Bench: Shri Sonjoy Sarma (Judicial Member), Shri Sanjay Awasthi (Accountant Member)3 pages
AI SummaryRemanded

What did the Tribunal hold?

The Tribunal found it necessary to remand the case back to the CIT(A) in the interest of natural justice. The CIT(A) was directed to re-examine the issue after providing a reasonable opportunity of being heard to the assessee.

What were the facts?

The assessee's appeal before the CIT(A) was decided ex-parte due to the assessee's non-appearance, despite notices being issued. The assessee's representative requested another opportunity to present their case.

What were the issues?

Whether the assessee was denied a fair hearing due to ex-parte proceedings before the CIT(A) and if a fresh opportunity is warranted.

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, “SMC” BENCH: KOLKATA

Before: Shri Sonjoy Sarma&Shri Sanjay Awasthi]

ORDER / आदेश Per Sonjoy Sarma, JM:

This is an appeal preferred by the assessee against the order of the Ld. Commissioner of Income Tax (Appeals)-NFAC, Delhi (hereinafter referred to as the “Ld. CIT(A)”] dated 03.06.2024 for the AY 2013-14.

2.

At the outset, the Ld. A.R stated that despite the notices issued to the assessee regarding pendency of case by Ld. CIT(A), the A.R of the assessee did not appear before the Ld. CIT(A) during the appeal, leading to this an ex-parte order was passed against Assessment Year: 2013-14 Aayush Goel the assessee. Therefore, the Ld. A.R prayed before the Bench that one more opportunity should be provided to the assessee to properly represent its case before the Ld. CIT(A).

3.

On the other hand, the Ld. D.R objected to such prayer made by the Ld. A.R before the Bench.

4.

We have heard the rival submissions and perused the material available on record, we find that although the notices were issued from the Ld. CIT(A), however, due to non-appearance of assessee, the case was heard ex-parte against the assessee. We, therefore, interest of natural justice and fair play to the parties it is necessary to remand back to the whole issue to the file of Ld. CIT(A) with the direction to re-examine the issue after affording a reasonable opportunity of being heard to the assessee. The assessee is also directed to appear before the Ld. CIT(A) and filed with supportive documents in order to substantiate her claim as and when notices will serve to the assessee, in terms of the above direction appeal of the assessee is allowed for statistical purposes. In the result, the appeal of the assessee is allowed for statistical purposes. 5.

Order is pronounced in the open court on 4th September, 2024

Sd/- Sd/- (Sanjay Awasthi /संजय अव�थी) (Sonjoy Sarma/संजय शमा�) Accountant Member/ लेखा सद�य Judicial Member/ �या�यक सद�य Dated: 4th September, 2024 SM, Sr. PS Copy of the order forwarded to: 1. Appellant- Aayush Goel, Flat No. 4A, Siddhartha Apartment, 10, Alipore Park Road, Alipore, Kolkata-700027 2. Respondent – ITO, Ward-29(1), Kolkata 3. Ld. CIT(A)- NFAC, Delhi 4. Ld. Pr. CIT- , Kolkata 5. DR, Kolkata Benches, Kolkata (sent through e-mail)

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