PRABHAT R. JHUNJHUNWALA,MUMBAI vs. ASST CIT RG 16(1), MUMBAI

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ITA 3799/MUM/2015Status: DisposedITAT Mumbai28 July 2016AY 2006-072 pages
AI SummaryRemanded

What did the Tribunal hold?

The Tribunal set aside the CIT(A)'s ex-parte order and restored the matter to the CIT(A)'s file. The CIT(A) was directed to adjudicate the appeal afresh after providing the assessee with an adequate opportunity of being heard.

What were the facts?

The assessee appealed a penalty order confirmed by the CIT(A). The CIT(A) passed an ex-parte order without hearing the assessee, who claimed non-receipt of notice due to family disputes.

What were the issues?

Whether the CIT(A) erred in passing an ex-parte order without providing the assessee with an adequate opportunity of being heard.

Which sections of the Income-tax Act were involved?

Section 271(1)(c)

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, “SMC” Bench, Mumbai

Before: Shri B.R. Baskaran (AM)

For Appellant: Shri Meet Jimvdiya
For Respondent: Shri A. Ramachandran
Hearing: 1.8.2016Pronounced: 1.8.2016

The assessee has filed this appeal challenging the order dated 12-03-2015 passed by Ld CIT(A)-30, Mumbai confirming the penalty of Rs.6,94,670/- levied by the AO u/s 271(1)(c) of the Act.

2.

The authorised representative of the assessee has moved an application seeking adjournment. However, on perusal of the order passed by Ld CIT(A), I notice that the Ld CIT(A) has passed an ex-parte order, i.e., without hearing the assessee. The assessee has filed Statement of Facts before the Tribunal, wherein it was stated that the assessee did not receive the notice of hearing sent by Ld CIT(A) on the reasoning that there was dispute between the family members.

3.

Hence I proposed to restore all the matters to the file of Ld CIT(A), since the first appellate authority has passed the ex-parte order without hearing the assessee and since the assessee has plausible given reason for not appearing before the Ld CIT(A). The Ld D.R did not object to the same. Accordingly I set aside the order passed by Ld CIT(A) and restore all the matters to his file with the direction to adjudicate the appeal afresh, after providing adequate opportunity of being heard to the assessee.

4.

In the result, the appeal filed by the assessee is treated as allowed. Order has been pronounced in the Court on 1.8.2016

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