ANANTHAKRISHNA SUBRAMANIAM IYER,NAGPUR vs. DCIT, CIRCLE 5, NAGPUR
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 give the assessee one more opportunity.
What were the facts?
The assessee's appeal was filed challenging an ex-parte order passed by the CIT(A). The assessee requested another opportunity to present their case before the CIT(A).
What were the issues?
Whether the CIT(A) order was passed without providing adequate 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
The present appeal has been filed by the assessee challenging the impugned order dated 21/03/2023, passed by the learned Commissioner of Income Tax (Appeals), National Faceless Appeal Centre, Delhi, (“the learned CIT(A)”), for the assessment year 2017-18.
When this appeal is taken up for hearing, the learned Counsel for the assessee submitted that the learned CIT(A) passed an ex-parte
Ananthakrishna Subramaniam Iyer ITA no.146/Nag./2023 order and prayed that one more opportunity may be given to the assessee to substantiate its case before the learned CIT(A).
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).
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.
Ananthakrishna Subramaniam Iyer ITA no.146/Nag./2023
In the result, appeal filed by the assessee is allowed for statistical purposes.
Order pronounced in the open Court on 02/05/2024.
Recent GST High Court judgments
Search GST case law →- Vinishma Technologies Private Limited vs. State Of KarnatakaKarnataka · 17 Oct 2026
- J.M.Swamy vs. Government Of INDIAKarnataka · 17 Oct 2026
- S. Nithyananda vs. State Of KarnatakaKarnataka · 17 Oct 2026
- Acc LTD. vs. Secy.Industries Deptt.Orissa · 16 Oct 2026
- Kumaran Transports (Tuticorin) Private Limited vs. The Assistant Commissioner Madras · 16 Oct 2026