ITEMAX ENGINEERING SERVICES PVT. LTD.,BARDHAMAN vs. DCIT, CIR-2(1), KOLKATA, KOLKATA

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ITA 244/KOL/2019Status: DisposedITAT Kolkata22 March 2024AY 2012-13Bench: Shri Sonjoy Sarma (Judicial Member), Shri Girish Agrawal (Accountant Member)3 pages
AI SummaryRemanded

What did the Tribunal hold?

The Tribunal observed that the appeal was decided without considering the assessee's submissions. In the interest of justice, the assessee was granted another opportunity to defend its case before the AO on merits.

What were the facts?

The assessee's appeal before the CIT(A) was decided ex-parte as the assessee claimed not to have received any notice for the hearing. The assessment order itself was also ex-parte. The assessee sought an opportunity to present its case on merits.

What were the issues?

Whether the CIT(A) erred in deciding the appeal ex-parte without considering the assessee's submissions, and whether the assessee should be granted a fresh opportunity to present its case.

Which sections of the Income-tax Act were involved?

Section 144

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, KOLKATA BENCH ‘C’, KOLKATA

Before: Shri Sonjoy Sarma & Shri Girish Agrawal]

Hearing: 21.03.2024Pronounced: 22.03.2024

ORDER

Per Sonjoy Sarma, JM:

1.

This appeal of the assessee for the assessment year 2012-13 is directed against the order dated 31.08.2018 passed by the ld. Commissioner of Income-tax (Appeals) – 1, Kolkata [hereinafter referred to as ‘the ld. CIT(A)].

2.

At the outset, the ld. Counsel for the assessee submitted that the ld. CIT(A) has decided the appeal of the assessee ex- parte. Since the assessee did not receive any notice from the ld. CIT(A) regarding hearing of the case. As such could not file its submission in order to substantiate its claim before him. Similarly, the assessment order passed against the assessee is an ex-parte orer u/s 144 of the Act. The ld. Counsel submitted that assessee’s submission were not considered by the ld. CIT(A), therefore, this appeal of the assessee was not decided on merits of the case before the ld. CIT(A).

Itemax Engineering Services Pvt. Ltd. 3. Therefore, the ld. Counsel for the assessee prayed before the bench that the assessee may kindly be given one more opportunity to defend its case on the merits of the case before the ld. AO by restoring this appeal to the file of ld. AO.

4.

After hearing the rival parties and perusing the material on record, we observe that the assessee’s appeal was decided without considering the submission on papers, although those were required to be submitted by the assessee at the time of hearing before the authorities below in income tax web portal and in the interest of justice and fairplay, the assessee deserves to be given one more opportunity to defend its case before the AO on merits. Accordingly we restore the appeal to the file of the AO with the directions to decide the same on merits by affording the assessee a reasonable opportunity of hearing. Simultaneously, we also direct the assessee to cooperate in the disposal of this appeal.

5.

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

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