SHRI AWADHESH DIXIT,INDORE vs. ACIT (CENTRAL)-1, INDORE, INDORE

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ITA 147/IND/2021Status: DisposedITAT Indore10 August 2022AY 2010-113 pages
AI SummaryRemanded

What did the Tribunal hold?

The Tribunal set aside the ex-parte order and remanded the matter back to the AO. The AO was directed to consider the matter afresh after giving the assessee an opportunity of being heard and considering relevant evidence.

What were the facts?

The assessee's appeal was against an ex-parte order by the CIT(A) which confirmed an addition of Rs. 60,45,321/- on account of unexplained cash credit. The assessee had not made proper compliance before the AO and did not appear before the CIT(A) despite several opportunities.

What were the issues?

Whether the ex-parte order passed by the CIT(A) was justified, and if the assessee should be granted a fresh opportunity to present their case.

Which sections of the Income-tax Act were involved?

Section 68,Section 144,Section 147,Section 148

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, INDORE BENCH, INDORE

Before: Ms. MADHUMITA ROY & SHRI BHAGIRATH MAL BIYANI

For Appellant: Shri Anil Kamal Garg, A.R
For Respondent: Shri P. K. Singi, Addl. CIT-DR
Hearing: 26.07.2022

The instant appeal filed by the assessee is directed against the order dated 25.06.2021 passed by the Ld. CIT(A)-3, Bhopal arising out of the order dated 27.12.2017 passed by the DCIT, Central-1, Indore under Section 144 r.w.s. 147 of the Act, 1961 (hereinafter referred to as “the Act”) for A.Y. 2010- 11.

2.

Admittedly the Ld. CIT(A) has passed an ex-parte order confirming the order passed by the Ld. AO to the tune of Rs. 60,45,321/- on account of unexplained cash credit within the meaning of Section 68 of the Act. It further appears that before the Ld. AO no compliance has been made by the assessee save and except an objection dated 12.09.2017 was submitted against the Shri Awadhesh Dixit vs. ACIT Asst.Year –2010-11 - 2 – issuance of the notice under Section 148 of the Act. It is relevant to mention that the matter was fixed for hearing by the Ld. CIT(A) on several days but none appeared on behalf of the assessee nor any request for adjournment was received by the Department. However, since the issue has been finally decided by the Ld. CIT(A) ex-parte when the assessee has not been able to represent his case properly for the ends of justice in our considered opinion a further opportunity of being heard to be given to the assessee for proper adjudication of the matter on merit.

Hence, we set-aside the issue to the file of the Ld. AO with the direction upon him to consider the matter afresh and to pass a reasoned order upon affording an opportunity of being heard to the assessee and upon considering the relevant materials and/or evidences which the assessee may choose to file at the time of hearing of the matter. We also make it clear, that the assessee would not ask for any unnecessary adjournment and would cooperate with best of his effort with the authorities below during the course of hearing of the matter. Hence, the appeal preferred by the assessee is allowed for statistical purposes.

3.

In the result, the appeal filed by the assessee is allowed for statistical purposes.

Order pronounced on 10/08/2022 by placing the result on the Notice Board as per Rule 34(4) of the Income Tax (Appellate Tribunal) Rule, 1963. This Order pronounced in Open Court on 10 /08/2022 Sd/- SdSd Sd/- Sd/- (BHAGIRATH MAL BIYANI) (MADHUMITA ROY) ACCOUNTANT MEMBER JUDICIAL MEMBER Ahmedabad; Dated 20 /08/2022

Shri Awadhesh Dixit vs. ACIT Asst.Year –2010-11 - 3 –

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