RAM REDDY JAKKIDI,HYDERABAD vs. ITO., WARD-11(2), HYDERABAD
What did the Tribunal hold?
The Tribunal held that it was not proper to hold the assessee responsible for non-furnishing information when they were not properly notified. The Tribunal restored the issue to the CIT(A) for a decision on merits after providing an opportunity to the assessee.
What were the facts?
The assessee's appeals were dismissed ex parte by the CIT(A) due to non-appearance. The assessee claimed that notices were sent to their erstwhile Chartered Accountant, and they were unaware of the need for specific information.
What were the issues?
Whether the CIT(A) was justified in dismissing the appeal ex parte without ensuring proper notice and opportunity to the assessee, and whether substantial justice requires a remand for a decision on merits.
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, HYDERABAD BENCHES “A”, HYDERABAD
Before: SHRI MANJUNATHA G. & SHRI K.NARASIMHA CHARY
धििााररती द्वारा/Assessee by: Shri Rajesh Vaishnav, AR राजस्व द्वारा/Revenue by: Shri Srinath Sadanala, DR सुिवाई की तारीख/Date of hearing: 30/09/2024 घोर्णा की तारीख/Pronouncement on: 09/10/2024 आदेश / ORDER PER K. NARASIMHA CHARY, J.M: Aggrieved by the order dated 03/06/2024 passed by the learned Commissioner of Income Tax (Appeals)-12, Hyderabad (“Learned CIT(A)”), in the case of Ram Reddy Jakkidi (“the assessee”) for the assessment year 2012-13, 2014-15 and 2015-16, the assessee preferred these appeals.
At the outset learned AR submits that the learned CIT(A) recorded that so many notices were issued and because of the nonappearance of the assessee, he proceeded ex parte and dismissed the appeal in limine. It is the submission of the learned AR that the assessee missed to respond to the notices issued by the learned CIT(A) due to the fact that the notices were in fact sent to the erstwhile Chartered Accountant of the assessee, which has not been brought to the notice of the assessee or his present counsel. Learned AR further submitted that there is no malafide intention for his non-appearance and non-compliance and therefore prayed for an opportunity of being heard before the learned CIT(A) in the interest of justice.
Though the learned DR opposed the prayer made on behalf of the assessee, he could not contradict any of the specific facts pleaded by the assessee.
On a careful consideration of the matter, we are of the considered opinion that it is not proper to hold the assessee responsible for not furnishing any specific information necessary for adjudication of the matter, because the assessee was not put on notice of the need of any specific material. In view of the factual situation obtaining in this case, it would be in the interest of justice to provide an opportunity by allowing the assessee to produce the documents before the learned CIT(A). The highest that would happen by such course is that the assessee’s case could be decided on merits. When the technicalities are pitted against the delivery of substantial justice, the former will give way to the later. With this view of the matter, we allow the appeal and restore the issue to the file of the learned CIT(A) and the learned CIT(A) will consider the documents and take a view according to law.
In the result, appeal of the assessee is allowed for statistical purpose. Order pronounced in the open court on this the 9th October, 2024.
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