SHRI SWETAMBER JAIN CREDIT CO.OP.SOCIETY,INDORE vs. ITO-4(5), INDORE
What did the Tribunal hold?
The Tribunal found it appropriate to provide the assessee with an opportunity to present their case. Citing a co-ordinate bench's decision on an identical issue, the Tribunal set aside the matter to the AO for fresh adjudication.
What were the facts?
The assessee's appeals were dismissed ex parte by the CIT(A) for non-compliance with document submission and absence. The assessee challenged these orders before the ITAT.
What were the issues?
Whether the CIT(A) was justified in dismissing the appeal ex parte without considering the merits. Whether the matter should be remanded to the AO for fresh adjudication.
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 assessee has challenged the ex parte order passed by the Ld.CIT(A) whereby and whereunder the appeal preferred by the assessee stood dismissed.
We have heard the parties and perused the materials available on record.
It appears from the order passed by the Ld.CIT(A) that though the assessee was asked to furnish the certain documents in support of his claim, the same was not furnished, neither the assessee was present before the first appellate authority. Ultimately having no other alternative, the Ld.CIT(A) considering the facts of the matter dismissed the appeal preferred by the assessee. Admittedly, however, for the ends of justice, since the issue involved in this matter remained undecided on merit, we find it fit and proper to give a proper opportunity to the assessee to ventilate his grievance before the first appellate authority. Once again at the time of hearing of this matter, learned counsel appearing for the assessee submitted before us the copy of the judgment passed by the co-ordinate bench in for A.Y. 2013-14 in assessee’s own case whereby and whereunder the identical issue involved in this matter has been set aside to the file of the Ld.AO afresh. The Ld.DR has not raised any serious objection to such submissions of Ld.AR. for remitting the issue to the file of the authorities below. Therefore, having regard to the facts and circumstances of the case and having regard to the order passed by the co-ordinate bench, we find it fit and proper to set aside this issue to the file of the AO to adjudicate the issue afresh upon affording ITA Nos. 132 & 133/Ind/2022 (Shri Swetamber Jain Credit Co.Op. Society) Asst.Years.– 2017-18 & 2014-15 - 3 - opportunity of being heard to the assessee and upon considering the evidence on record or any other evidence which the assessee choose to file at the time of hearing of this matter. Thus, asseessee’s appeals are, therefore, allowed for statistical purposes.
In the result, assessee’s both appeals are allowed for statistical purposes.
This Order pronounced in Open Court on 19/09/2022
Sd/- Sd/- (MADHUMITA ROY) (BHAGIRATH MAL BIYANI) JUDICIAL MEMBER ACCOUNTANT MEMBER Indore; Dated 19/09/2022 S. K. Sinha, Sr. PS TRUE COPY आदेश क� �ितिलिप अ�ेिषत/Copy of the Order forwarded to : 1. अपीलाथ� / The Appellant 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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