PIYUSH KANTILAL PATEL,SURAT vs. INCOME TAX OFFICER, SURAT

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ITA 465/SRT/2023Status: HeardITAT Surat04 September 2023AY 2014-15Bench: DR. A. L. SAINI (Accountant Member)3 pages
AI SummaryRemanded

What did the Tribunal hold?

The Tribunal held that the CIT(A) did not pass the order as per the mandate of Section 250(6) of the Act, failing to decide on merits. Therefore, in the interest of justice, the matter was restored to the Assessing Officer for fresh adjudication.

What were the facts?

The assessee's appeal was against an ex parte order passed by the CIT(A) without considering the adjournment application and without deciding on merits. The original assessment order was also passed under Section 144 of the Act.

What were the issues?

Whether the CIT(A) erred in passing an ex parte order without considering the assessee's adjournment application and without deciding the appeal on merits, violating principles of natural justice.

Which sections of the Income-tax Act were involved?

Section 144,Section 250(6)

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, SURAT (SMC

Before: DR. A. L. SAINI

For Appellant: Shri Vinod Kumar, Sr. DR
For Respondent: Shri Vinod Kumar, Sr. DR
Hearing: 04/09/2023Pronounced: 04/09/2023

आदेश / O R D E R PER DR. A. L. SAINI, AM: Captioned appeal filed by the assessee, pertaining to Assessment Year (AY) 2014-15, is directed against the order passed by the Learned Commissioner of Income Tax (Appeals), [in short “the ld. CIT(A)”], National Faceless Appeal Centre (in short ‘the NFAC’), Delhi, dated 29.05.2023, which in turn arises out of an assessment order passed by Assessing Officer u/s 144 of the Income Tax Act, 1961 (hereinafter referred to as “the Act”), dated 28.11.2016.

2.

At the outset itself, Learned Counsel for the assessee submitted that during the appellate proceedings, the assessee has filed the adjournment application, however the ld. CIT(A) did not consider the adjournment application and pass the ex parte order without hearing the assessee on merit. The ld. counsel for the assessee also submitted that order passed by the ld. CIT(A) is an ex parte order without

1.

ITA.465/SRT/2023/AY.2014-15 Piyush Kantilal Patel deciding the issue on merit in accordance with provisions of Section 250(6) of the Act. Therefore ld. counsel contended that since the order passed by the Assessing Officer is also under section 144 of the Act and the Assessing Officer has not examined the basic facts of the assessee’s case, therefore the ld. counsel prays the Bench that the matter may be remitted back to the file of Assessing Officer for fresh adjudication.

3.

On the other hand, Learned Departmental Representative (ld. DR) for the Revenue submitted that assessee was negligent during the assessment stage as well as during the appellate proceedings; therefore appeal filed by the assessee may be dismissed.

4.

I have heard both the parties. Considering the above facts, I note that assessee could not plead his case successfully before the ld. CIT(A). I also note that Ld. CIT(A) has not passed the order as per the mandate of provisions of section 250(6) of the Act. That is, ld. CIT(A) did not pass order on merit based on the material available on record. Hence, I am of the view that one more opportunity should be given to the assessee to plead his case before the Assessing Officer. I note that it is settled law that principles of natural justice and fair play require that the affected party is granted sufficient opportunity of being heard to contest his case. Therefore, without delving much deeper into the merits of the case, in the interest of justice, I restore the matter back to the file of Assessing Officer for de novo adjudication and pass a speaking order after affording sufficient opportunity of being heard to the assessee, who in turn, is also directed to contest his stand forthwith. Therefore, I deem it fit and proper to set aside the order of the ld. CIT(A) and remit the matter back to the file of the Assessing

ITA.465/SRT/2023/AY.2014-15 Piyush Kantilal Patel Officer to adjudicate the issue afresh on merits. For statistical purposes, the appeal of the assessee is treated as allowed.

5.

In the result, appeal filed by the assessee is allowed for statistical purposes.

Order is pronounced on 04/09/2023 in the open court.

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