SANDEEP DUBEY,SHAJAPUR vs. ITO, SHAJAPUR, SHAJAPUR

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ITA 264/IND/2023Status: DisposedITAT Indore29 November 2023AY 2012-13Bench: SHRI VIJAY PAL RAO, JUDICIAL MEMBER AND SHRIB.M. BIYANI (Accountant Member)3 pages
AI SummaryRemanded

What did the Tribunal hold?

The Tribunal held that the ex-parte order by the CIT(A) was passed without giving the assessee a proper opportunity of hearing. The assessee was unaware of the transition to the faceless regime.

What were the facts?

The assessee filed an appeal against a penalty order passed under section 271(1)(b) of the Income-tax Act. The Commissioner of Income-Tax (Appeals) had passed an ex-parte order as the assessee failed to appear.

What were the issues?

Whether the CIT(A) erred in passing an ex-parte order without affording the assessee a proper opportunity of hearing, especially due to the transition to the faceless regime.

Which sections of the Income-tax Act were involved?

Section 271(1)(b)

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, INDORE BENCH, INDORE

Before: SHRI VIJAY PAL RAO & SHRIB.M. BIYANI

For Appellant: Shri Sharad Jain, AR
Hearing: 29.11.2023Pronounced: 29.11.2023

आदेश/O R D E R

Per B.M. Biyani, A.M.:

1.

Feeling aggrieved by appeal-order dated 29.05.2023 passed by learned Commissioner of Income-Tax (Appeals)-NFAC, Delhi [“CIT(A)”], which in turn arises out of penalty-order dated 15.12.2021 passed by learned ITO, NFAC, Delhi [“AO”] u/s 271(1)(b) of Income-tax Act, 1961 [“the Act”] for Assessment-Year [“AY”] 2012-13, the assessee has filed this appeal.

Shri Sandeep Dubey, Shajapur, s. ITO, Shajapur. Assessment year 2012-13 2. None appeared on behalf of revenue when the case is called for hearing although a request for adjournment is filed. Ld. AR for assessee submitted that the CIT(A)’s order is ex-parte qua assessee, therefore this case deserves for a remand to CIT(A). Hence, the hearing may be proceeded.

After consideration, the hearing is proceeded.

3.

Ld. AR submits that the CIT(A) has passed order of first-appeal ex- parte since the assessee did not make representation on the dates of hearing fixed by him. He drew our attention to first Para of impugned order and submitted that the first-appeal was initially taken under physical system but subsequently migrated to faceless regime and being unaware of faceless systems, the assessee was not able to make representation. Ld. AR submitted that the assessee is willing and ready to make representation before CIT(A) if a chance is given. Ld. AR prayed that the matter may be remanded to the file of Ld. CIT(A) for a proper adjudication on merit after giving due opportunity of hearing to the assessee. Considering the prayer of Ld. AR and having regarding to the principle of natural justice and fair play, we deem it fit and appropriate to remand this matter back to the file of Ld. CIT(A) for a proper adjudication after giving opportunity of hearing to the assessee, uninfluenced by his earlier decision. We order accordingly. The assessee is also directed to ensure participation in the hearings fixed by Ld. CIT(A) and do not seek unnecessary adjournments.

Shri Sandeep Dubey, Shajapur, s. ITO, Shajapur. Assessment year 2012-13

4.

Resultantly, this appeal is allowed for statistical purpose.

Order pronounced in open court immediately after conclusion of hearing and subsequently reduced in writing.

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