GIRISH TEXTILES,MUMBAI vs. ADDL CIT (TDS ) RG 1, MUMBAI

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ITA 6660/MUM/2014Status: DisposedITAT Mumbai26 July 2016AY 2009-102 pages
AI SummaryRemanded

What did the Tribunal hold?

The tribunal held that in the interest of natural justice, the assessee should be given another opportunity to present its case. The CIT(A)'s ex-parte order was set aside.

What were the facts?

The assessee's appeals were decided ex-parte by the CIT(A) without considering the assessee's adjournment request. The assessee had filed a letter seeking an adjournment for the hearing date.

What were the issues?

Whether the CIT(A) erred in passing ex-parte orders without considering the assessee's adjournment request, thereby violating principles of natural justice.

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, “G” Bench, Mumbai

Before: Shri B.R. Baskaran (AM)& Pawan Singh (JM)

For Appellant: Shri Satish Mody
For Respondent: Shri Vivek Perampurna
Hearing: 26.7.2016Pronounced: 26.7.2016

Heard together (2 matters)

I.T.A. No. 6660/Mum/2014
I.T.A. No. 6671/Mum/2014

Read from the judgment's own cause title. This page is filed under one of them.

PER BENCH:- Both the appeals filed by the assessee are directed against the common order dated 23-09-2014 passed by Ld CIT(A)-14, Mumbai and they relate to the assessment years 2009-10 & 2010-11.

2.

Ld Counsel appearing for the assessee submitted that the Ld CIT(A) has passed order ex-parte, without the presence of the assessee. The Ld Counsel submitted that the Ld CIT(A) had posted the appeal for hearing on 23.09.2014. He submitted that the assessee filed a letter dated 23-09-2014 seeking adjournment. He further submitted that the Ld CIT(A) has, however, passed the impugned ex-parte orders without considering the adjournment letter filed by the assessee. The Ld A.R also furnished a copy of the letter filed before Ld

1.

2 Girish Textiles CIT(A). Accordingly the Ld A.R prayed that the Ld CIT(A) may be directed to give an opportunity to the assessee and accordingly prayed that both the appeals may be restored to the file of the Ld CIT(A).

3.

We have heard Ld D.R and perused the record. Having regard to the submissions made by Ld A.R, we are of the view that, in the interest of natural justice, the assessee may be provided with one more opportunity to present its case before the Ld CIT(A), since the assessee had filed a letter seeking adjournment. The copy of the said letter has been placed before us and we notice that the same bears the seal of the office of Ld CIT(A). Accordingly, we set aside the common order passed by Ld CIT(A) and restore all the matters relating to both the appeals under consideration to the file of Ld CIT(A) with the direction to dispose them afresh, after affording adequate opportunity of being heard to the assessee.

4.

In the result, both the appeals of the assessee are treated as allowed for statistical purposes. Order has been pronounced in the Court on 26.7.2016

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