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

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.

“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.

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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.

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.