SH. ROHIT KAPOOR,MOHALI vs. ITO, W-6(4), MOHALI
What did the Tribunal hold?
The Tribunal found that the CIT(A)'s order was not passed on merits and that the assessee was not given a proper opportunity to present their case. Therefore, the Tribunal set aside the CIT(A)'s order.
What were the facts?
The assessee appealed the CIT(A)'s order upholding a penalty levied by the Assessing Officer. The assessee contended that the CIT(A) passed an ex-parte order without providing a proper opportunity to present their case.
What were the issues?
Whether the CIT(A) erred in passing an ex-parte order without affording the assessee a proper opportunity to be heard.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, DIVISION BENCH, CHANDIGARH
Before: SHRI SANJAY GARG & Dr. B.R.R. KUMAR
Per Sanjay Garg, Judicial Member:
The present appeal has been preferred by the assessee against
the order dated 19.12.2017 of the Commissioner of Income Tax(A)-2,
Chandigarh [hereinafter referred to as ‘CIT(A)’].
In this appeal, the assessee has agitated the action of the
CIT(A) in upholding the penalty levied by the Assessing officer u/s
271(1)(c) of the Act.
At the outset, Ld. Counsel for the assessee has invited our
attention to the impugned order of the CIT(A) and submitted that the
ITA No. 148/Chd/2018- Sh. Rohit Kapoor, Mohali 2
order of the CIT(A) confirming the impugned penalty is an ex-parte
order. He has further submitted that no proper opportunity has been
granted by the CIT(A) to the assessee to present his case. It has been
further submitted that the appeal of the assessee has been dismissed
only on the first day of the hearing itself. That the alleged notice
was issued on 7.12.2017 fixing hearing of appeal for 19.12.2017
which was not received by the assessee before the date of hearing.
Further, that the order of the CIT(A) even otherwise has not passed
the order on merits but the penalty has been confirmed just because
of non-appearance of the assessee on the fixed date. The Ld.
Counsel, therefore, has submitted that the impugned order of the
CIT(A) be set aside and the assessee be given opportunity to present
his case before the CIT(A) properly.
The Ld. DR, on the other hand, has supported the order of the
CIT(A).
After considering the rival submissions and also considering
the fact that the impugned order of the CIT(A) has not been passed
on merits, in our view, it will be just and reasonable, if the assessee
is given an opportunity to present his case before the CIT(A). The
impugned order of the CIT(A) is, therefore, set aside and the matter
is restored to the file of the CIT(A) for decision afresh. Needless to
say that CIT(A) will provide proper opportunity to the assessee to
present himself or through his counsel on the date of hearing and the
assessee will cooperate and will not contribute to any unnecessary
adjournment of the case.
ITA No. 148/Chd/2018- Sh. Rohit Kapoor, Mohali 3
In the result, the appeal of the assessee is treated as allowed for statistical purposes. Order pronounced in the Open Court on 02.08.2018
Sd/- Sd/- (B.R.R KUMAR) (SANJAY GARG) ACCOUNTANT MEMBER JUDICIAL MEMBER Dated : 02. 08. 2018 Rkk Copy to: • The Appellant • The Respondent • The CIT • The CIT(A) • The DR
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