THIRUMALA EARTH MOVERS,GAJWEL vs. DCIT., CIRCLE-9(1), HYDERABAD

PDF · subscribers
ITA 653/HYD/2024Status: DisposedITAT Hyderabad11 September 2024AY 2018-19Bench: SHRI K.NARASIMHA CHARY (Judicial Member), SHRI MADHUSUDAN SAWDIA (Accountant Member)3 pages
AI SummaryRemanded

What did the Tribunal hold?

The Tribunal found the assessee's plea regarding non-service of notices to be genuine. Upholding the principles of natural justice, the Tribunal remanded both quantum and penalty appeals back to the CIT(A).

What were the facts?

The assessee appealed against the orders of the learned CIT(A) for the assessment year 2018-19. The assessee's AR argued that proper notices were not served as per Section 282 of the Income Tax Act.

What were the issues?

Whether proper notices were served on the assessee as required by law, and if not, whether the principles of natural justice necessitate a remand.

Which sections of the Income-tax Act were involved?

Section 282

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, HYDERABAD BENCHES “B”, HYDERABAD

Before: SHRI K.NARASIMHA CHARY & SHRI MADHUSUDAN SAWDIA

For Respondent: Shri D.Praveen, DR
Hearing: 09/09/2024

सुिवधई की तधरीख/Date of hearing: 09/09/2024 घोर्णध की तधरीख/Pronouncement on: 11/09/2024 आदेश / ORDER PER K. NARASIMHA CHARY, J.M:

Aggrieved by the order dated 07/06/2024 and 10/06/2024 passed by the learned Commissioner of Income Tax (Appeals), National Faceless Appeal Centre (NFAC), Delhi (“learned CIT(A)”), in the case of Thirumala Earth Movers (“the assessee”) for the assessment year 2018-19, assessee preferred these appeals.

2.

At the outset, the learned AR submitted that proper notices were not served on the assessee as required under section 282 of the Income tax Act, 1961 (“the Act”) read with Rule 127 of the Rules. Learned AR further submitted the notices were served to the assessee’s earlier learned AR which has not been brought to the notice of the assessee to put forth his case. He, therefore prayed to remand the matter back to the file of the learned CIT(A) to afford an opportunity of being heard to the assessee, keeping in view the principles of natural justice.

3.

As a matter of fact, though the learned DR does not concede to remand the matter back to the file of the learned CIT(A), there is no denial of the fact that the assessee does not stand to gain by allowing the appeals to be decided ex-parte, on the other hand, such a thing will add to the misery of the assessee in the form of litigation expenses before the Tribunal. It, therefore, occurs to our mind that the plea of the assessee that the notices were not served on the assessee as required under section 282 of the Act, is genuine one. Keeping in view the principles of natural justice, we remand both the quantum as well as the penalty appeals to the file of the learned CIT(A) to afford an opportunity of being heard to the assessee and decide the issue along with quantum appeal pending before the learned CIT(A). Accordingly, appeals of the assessee are allowed for the statistical purpose.

4.

In the result, appeals of the assessee are allowed for statistical purpose. Order pronounced in the open court on this the 11th day of September, 2024.

More judgments on Section 282

All 613 judgments and leading authorities on Section 282 →

Recent GST High Court judgments

Search GST case law →