VINAYAK JAGANNATH RAGIT,NAGPUR vs. ITO WARD 3(1), NAGPUR

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ITA 434/NAG/2024Status: DisposedITAT Nagpur28 November 2024AY 2016-17Bench: SHRI V. DURGA RAO (Judicial Member)3 pages
AI SummaryRemanded

What did the Tribunal hold?

The Tribunal found that the CIT(A) passed an ex-parte order despite granting opportunities. Therefore, to uphold the principles of natural justice, the matter was remitted back to the CIT(A) for fresh adjudication on merits.

What were the facts?

The assessee's appeal before the CIT(A) was dismissed ex-parte. The assessee contended that the CIT(A) erred in dismissing the appeal without considering the merits and that the notice under section 148 was bad in law.

What were the issues?

Whether the CIT(A) erred in dismissing the appeal ex-parte without considering the merits of the case, and whether the notice under section 148 was bad in law.

Which sections of the Income-tax Act were involved?

Section 148,Section 50C

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, NAGPUR BENCH, NAGPUR

Before: SHRI V. DURGA RAO & SHRI K.M. ROY, ACCOUNTANT, MEMBER

For Appellant: Shri Abhay Agrawal
For Respondent: Shri Abhay Y. Marathe

Date of Hearing – 18/11/2024 Date of Order – 28/11/2024

O R D E R PER V. DURGA RAO, J.M.

The aforesaid appeal by the assessee against the impugned order dated 29/05/2024, passed by the learned Commissioner of Income Tax (Appeals), National Faceless Appeal Centre, Delhi, Delhi, [“learned CIT(A)”], for the assessment year 2016–17.

2.

The assessee has raised following grounds:–

“1. The learned CIT(A) erred in dismissing the appeal ex-parte without considering the merits of the case. 2. The learned CIT(A) erred in not appreciating that, the notice issued u/s 148 was bad in law.

2 Vinayak Jagannath Ragit

3. The learned CIT(A) erred in confirming the action of learned AO in making an addition on account of capital gains arising from sale of immovable property under section 50C at Rs.35,58,500.

4.

The learned AO erred in not providing the benefit of deduction towards cost of acquisition and indexation thereon while computing the long-term capital gain.

5.

The learned AO erred in computing the capital gains by in hands of assessee whereas there were 8 co-owners of the property and 1/8th share belonged to the assessee. 6. The Appellant prays leave of the Hon'ble Tribunal to add, amend, alter any of the Grounds of Appeal.”

3. When this appeal is taken up for hearing, the learned A.R. appearing for the assessee submitted that the learned CIT(A) passed an ex-parte order and prayed that one opportunity may be granted by restoring the matter to the file of the learned CIT(A) to enable the assessee to substantiate its case before the learned CIT(A).

2. On the other hand, the learned D.R. submitted that despite the learned CIT(A) provided sufficient opportunities to the assesse, however, the assessee did not appeared before the learned CIT(A) and not furnished relevant details. He strongly supported the orders passed by the learned CIT(A).

2. We have heard both the parties, perused the materials available on record and gone through orders of the authorities below. We find that though the learned CIT(A) granted opportunities to the assessee to substantiate its case, ultimately, the order passed by him is an ex-parte order. Therefore, We are of the opinion that by following the principles of natural justice, one opportunity should be given to the assesse to substantiate his case before the 3 Vinayak Jagannath Ragit learned CIT(A). In view of the above, the order passed by the learned CIT(A) is set aside and remit the matter to the file of the learned CIT(A) and direct him to adjudicate the matter afresh on merit and in accordance with law after providing reasonable opportunity of being heard to the assessee. It is also directed that the assessee should not seek adjournment without there being a justified reason. Accordingly, all the grounds raised by the assessee in this appeal are allowed for statistical purposes.

3.

In the result, appeal filed by the assessee is allowed for statistical purposes. Order pronounced in the open Court on 28/11/2024

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