MOHD SADIQUE THROUGH LEGAL HEIR MOHD SAQUIB SHEIKH,YAVATMAL vs. ITO WARD-2 YAVATMAL, YAVATMAL

PDF · subscribers
ITA 353/NAG/2023Status: DisposedITAT Nagpur14 May 2024AY 2017-18Bench: SHRI V. DURGA RAO (Judicial Member), SHRI K.M. ROY (Accountant Member)3 pages
AI SummaryRemanded

What did the Tribunal hold?

The Tribunal found that the CIT(A) passed an ex-parte order despite giving opportunities. To uphold principles of natural justice, the Tribunal decided to grant the assessee one more opportunity to present their case.

What were the facts?

The assessee's appeal before the CIT(A) resulted in an ex-parte order. The assessee contended that they were not given sufficient opportunity to present their case. The Revenue argued that multiple opportunities were provided.

What were the issues?

Whether the CIT(A) erred in passing an ex-parte order without affording sufficient opportunity to the assessee, violating principles of natural justice.

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 Respondent: Shri Abhay Y. Marathe

Date of Hearing – 14/05/2024 Date of Order – 14/05/2024

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

The present appeal has been filed by the assessee challenging the impugned order dated 18/07/2023, passed by the learned Commissioner of Income Tax (Appeals), National Faceless Appeal Centre, Delhi, (“the learned CIT(A)”), for the assessment year 2017–18.

2.

When this appeal is taken up for hearing, the learned Counsel for the assessee submitted that the learned CIT(A) passed an ex-parte order and prayed that one more opportunity may be given to 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 Late Mohd. Sadique Abdul Sheikh Noor ITA no.535/Nag./2023 not appeared before the learned CIT(A) and not filed relevant details. He strongly supported the orders passed by the learned CIT(A).

4.

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) gave opportunities to the assessee, 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 more opportunity should be 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 14/05/2024.

Recent GST High Court judgments

Search GST case law →