KURKURI GRAMSAVA SAMABAYA KRISHI UNNAYAN SAMITY LTD. ,KOLKATA vs. ITO,WARD-24(4), HOOGHLY. , CHINSURAH.
What did the Tribunal hold?
The Tribunal restored the matter to the CIT(A) for a fresh adjudication. It was held that the assessee should be given one more opportunity to present its case on merits, considering the circumstances of improper notice service.
What were the facts?
The assessee's appeal before the CIT(A) was dismissed ex-parte due to non-compliance. The assessee claimed that notices were sent to the email addresses of former employees who had left the organization. This fact came to light when the assessee's counsel inquired about excess income tax.
What were the issues?
Whether an ex-parte order passed by the CIT(A) due to non-receipt of notices by the assessee, owing to outdated contact information, should be set aside to allow for a fresh hearing on merits.
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, “A” BENCH: KOLKATA
Before: Shri Rajesh Kumar & Shri Sonjoy Sarma]
ORDER / आदेश Per Rajesh Kumar, AM:
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 17.08.2023 for the AY 2017-18.
At the outset, the Ld. Counsel for the assessee filed an Affidavit before us stating that the appeal before the Ld. CIT(A) was dismissed by the Ld. CIT(A) by passing ex-parte order dated 17.08.2023 due to non-compliance before him. The Ld. Counsel for the assessee submitted that no notice of hearing was sent physically but Assessment Year: 2017-18 Kurkuri Gramsava Samabaya Krishi Unnayan Samity Ltd. the notices were served on the mail of those employees who has left the assessee. The Ld. Counsel of the assessee submitted that the fact came to light only when the assessee’s counsel representative asked the excess income tax partly only then it was noticed an ex-parte order has already been passed on 17.08.2023. The assessee therefore submitted that the said appeal was not decided the same on merit.
After hearing the assessee on merit and the Ld. Counsel for the assessee therefore submitted that the assessee may kindly be given one more opportunity to present its case on merit before the Ld. CIT(A) in the interest of justice and fair play. Grave injustice would be caused and perpetuated the assessee. The Ld. Counsel has placed before the Bench the correct mail ID of the assessee is ‘kurkurigsskusltd@gmailcom’. The Ld. Counsel therefore prayed that the appeal may be restored to the file of Ld. CIT(A) for denovo adjudication of the appeal.
The Ld. D.R on the other hand strongly objected the Counsel’s argument that the appeal be restored to the file of Ld. CIT(A) as the assessee has not responded on the email provided by the assessee therefore the appeal my kindly be dismissed.
After hearing the rival contentions and perusing the material on record, we find that the appeal has been decided ex-parte vide order dated 17.08.2023. We note that though the Ld. CIT(A) has sent certain fixed date however the same has failed to respond the said notices on account of employees whose email was proved to the Ld. CIT(A) who have left samity and thus the matter could not be represented before the Ld. CIT(A). In the present scenario we are of the considered view ends of justice would be met if the assessee was given one more opportunity of hearing/presenting its case before the Ld. CIT(A). Accordingly we restore the matter to the file of Ld. CIT(A) with the direction to decide the same afresh after reasonable opportunity of hearing to the assessee.
Assessment Year: 2017-18 Kurkuri Gramsava Samabaya Krishi Unnayan Samity Ltd. 6. In the result, the appeal of the assessee is partly allowed for statistical purposes.
Order is pronounced in the open court on 5th January, 2024
Recent GST High Court judgments
Search GST case law →- M/S. Devkinandan Traders vs. State Of U.P. And AnotherAllahabad · 21 Oct 2026
- M/S Dixit Medical Agencies vs. State Of U.P. And AnotherAllahabad · 21 Oct 2026
- Sukant Kumar vs. Union Of INDIA And 6 OthersAllahabad · 21 Oct 2026
- M/S New Sana Brick Field vs. Union Of INDIA And 4 OthersAllahabad · 21 Oct 2026
- M/S Shivam Tiles House vs. State Of U.P. And AnotherAllahabad · 21 Oct 2026