SHAMPA DEVPRASAD SENGUPTA,NAGPUR vs. ITO WARD 2(2), NAGPUR

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ITA 145/NAG/2024Status: DisposedITAT Nagpur18 November 2024AY 2013-14Bench: SHRI V. DURGA RAO (Judicial Member), SHRI K.M. ROY (Accountant Member)3 pages
AI SummaryRemanded

What did the Tribunal hold?

The ITAT set aside the CIT(A)'s ex-parte order and remitted the matter back for fresh adjudication. The Tribunal directed the CIT(A) to provide a reasonable opportunity of being heard to the assessee, emphasizing that the assessee should not seek unjustified adjournments.

What were the facts?

The assessee appealed to the CIT(A) against an assessment order. The CIT(A) dismissed the appeal ex-parte, invoking Section 249(4)(b) of the IT Act. The assessee then appealed to the ITAT, seeking one opportunity to present their case.

What were the issues?

Whether the CIT(A) erred in dismissing the appeal ex-parte without providing a proper opportunity to the assessee and whether Section 249(4)(b) was correctly invoked.

Which sections of the Income-tax Act were involved?

Section 249(4)(b)

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

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

The assessee has filed this appeal challenging the impugned order dated 24/01/2024, passed by the learned Commissioner of Income Tax (Appeals), National Faceless Appeal Centre, Delhi, [“learned CIT(A)”], for the assessment year 2013–14.

2.

The assessee has raised following grounds:–

“1. On the facts and circumstances of the case and in law, the learned CIT Appeals, NFAC, Delhi has grossly erred in dismissing appeal of the assessee by invoking provisions of section 249(4)(b) of the I.T Act, 1961 which is illegal, invalid and against the principles of natural justice.

Shampa Devprasad Sengupta

2. On the facts and circumstances of the case and in law, the learned CIT Appeals, NFAC, Delhi has erred in holding that the appeal filed by the appellant is not maintainable. He ought to have seen that according to the appellant no tax is payable by him and that, therefore, no advance tax liability arises and in view of the same, the provisions contained in Sec. 249(4)(b) have no application.

3.

The learned Commissioner of Income-Tax (Appeals) NFAC ought to have considered that the appellant has agitated all the additions made in the assessment order as such there is no admitted income hence provisions of section 249(4)(b) are not applicable.

4.

The learned Commissioner of Income-Tax (Appeals) NFAC has passed the order without providing proper opportunity to the appellant. 5. The learned Commissioner of Income-Tax (Appeals) NFAC ought to have considered each of the grounds agitated before him and decided the appeal on merits. 6. The Appellant craves leave to add, amend, alter, vary and / or withdraw any or all the above grounds of appeal.”

2. 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).

3. On the other hand, the learned D.R. submitted that the learned CIT(A) has given sufficient opportunities inspite of that the assesse has not appeared before the learned CIT(A) and not filed relevant details. He strongly supported the orders passed by the learned CIT(A).

4. I have heard both the parties, perused the materials available on record and gone through orders of the authorities below. I find that though the learned CIT(A) gave opportunities to the assessee, ultimately, the order passed by him is an ex-parte order. Therefore, I am of the opinion that by following the principles of natural justice, one more opportunity should be Page | 2

Shampa Devprasad Sengupta given to the assesse to substantiate his case before the 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 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.

5.

In the result, appeal filed by the assessee is allowed for statistical purposes. Order pronounced in the open Court on 18/11/2024

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