GURUSHARAN SAKH SAHAKARI MARYADIT (UNDER WINDING-UP),INDORE vs. ITO 4(2), INDORE
What did the Tribunal hold?
The Tribunal set aside the order of the CIT(A) to the file of the CIT(A) for fresh adjudication. This was done to grant the assessee an opportunity of being heard and to consider any evidence they may file.
What were the facts?
The assessee's appeal was decided ex parte by the CIT(A) as the assessee failed to make any compliance or appear. The assessee's counsel requested the matter be set aside to the CIT(A) for a fresh adjudication, citing the principle of natural justice.
What were the issues?
Whether the ex parte order passed by the CIT(A) without affording an opportunity of being heard to the assessee is sustainable in light of the 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, INDORE BENCH, INDORE
Before: Ms. MADHUMITA ROY & SHRI BHAGIRATH MAL BIYANI
The instant appeal filed by the assessee is directed against the order dated 05.11.2021 passed by the Commissioner of Income Tax (Appeals)-II, Indore (in short ‘CIT(A)’), arising out of the order dated 28.12.2017 passed by the Income Tax Officer-4(3), Indore under Section 143(3) r.w.s. 147 of the Income Tax Act, 1961 (hereinafter referred as to ‘the Act’) for Assessment Year 2010-11.
(Gurusharan Sakh Sahkari Maryadit vs.ITO) Asst.Year.– 2010-11 - 2 -
As submitted by Ld. AR and which is also reflecting in the order passed by the Ld.CIT(A) that the order has been passed ex parte, since, no compliance has been made by the assessee before the first appellate authority. In fact none appeared on behalf of the assesse, neither any written submission was filed for proper adjudication of the matter. In these circumstances, having no other alternative the Ld.CIT(A) decided the matter ex parte confirming the order passed by the Ld.AO. The Ld. Counsel for the assessee has also drawn our attention to the order passed by this Co-ordinate Bench in wherein in identical situation keeping in view the principle of natural justice the issue was set aside to the file of the Ld.CIT(A) for deciding the same afresh. The copy of the said order has been submitted before us by the Ld.AR. It is the ultimate prayer of the Ld.AR that the matter be set aside to the file of the Ld.CIT(A), since the assessee needs the matter to be adjudicated afresh upon giving an opportunity of being heard. Such prayer made by the Ld.AR has not been objected seriously by the Ld.DR with all his fairness.
Having heard the Ld. Counsel appearing for the parties and having regard to the facts and circumstances of the case and also the order passed by the Co-ordinate Bench in we, for the ends of justice and particularly keeping in view the principle of natural justice, think it fit and proper to give further opportunity of being heard to the assessee and hence, the issue is therefore set aside to the file of Ld.CIT(A) with a direction upon him to consider the same afresh and to pass a reasoned order upon granting opportunity of being heard to the assessee and also to consider the (Gurusharan Sakh Sahkari Maryadit vs.ITO) Asst.Year.– 2010-11 - 3 - evidence which assessee may choose to file at the time of hearing of the matter.
In the result, assessee’s appeal is allowed for statistical purposes.
This Order pronounced in Open Court on 21/09/2022
Sd/- Sd/- (BHAGIRATH MAL BIYANI) (MADHUMITA ROY) ACCOUNTANT MEMBER JUDICIAL MEMBER Indore; Dated 21/09/2022 S. K. Sinha, Sr. PS TRUE COPY आदेश क� �ितिलिप अ�ेिषत/Copy of the Order forwarded to : अपीलाथ� / The Appellant 1. 2. ��यथ� / The Respondent. 3. संबंिधत आयकर आयु� / Concerned CIT 4. आयकर आयु�(अपील) / The CIT(A)- 5. िवभागीय �ितिनिध, आयकर अपीलीय अिधकरण, अहमदाबाद / DR, ITAT, Indore 6. गाड� फाईल / Guard file. आदेशानुसार/ BY ORDER,
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