PRADIP KUMAR PANDEY,DHANBAD vs. I.T.O, WD -2(3), ASANSOL, ASANSOL

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ITA 2362/KOL/2013Status: DisposedITAT Kolkata29 April 2016AY 2007-081 pages
AI SummaryRemanded

What did the Tribunal hold?

The Tribunal quashed the order of the CIT(A) due to its procedural deficiencies. The appeal was remitted back to the CIT(A) for a fresh adjudication with specific directions to pass a speaking order after providing proper hearing.

What were the facts?

The assessee's appeal arose from an order by the CIT(A) which was found to be cryptic, non-speaking, and lacking sufficient opportunity for the assessee. The CIT(A)'s order did not discuss any merits of the case.

What were the issues?

Whether the CIT(A) passed a speaking order and afforded sufficient opportunity of hearing to the assessee.

Which sections of the Income-tax Act were involved?

Section 143(3)

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, “B” BENCH: KOLKATA

Before: Shri Mahavir Singh, JM & Shri M. Balaganesh, AM]

Hearing: 29.04.2016Pronounced: 29.04.2016

Per Shri Mahavir Singh, JM: This appeal by assessee is arising out of order of CIT(A), Asansol vide Appeal No. 126/CIT(A)/ASL/W-2(3)/ASL/2009-10 dated 01.07.2013. Assessment was framed by ITO, Wd- 2(3), Asansol u/s.143(3) of the Income Tax Act, 1961 (hereinafter referred to as “the Act”) for Assessment Year 2007-08 vide his order dated 30.12.2009. 2. At the time of hearing, I have gone through the order of CIT(A) and seen that the order passed by him is cryptic, non-speaking and also sufficient opportunity of hearing was not given to the assessee. There is no iota of merits discussed in his order. The duty of the CIT(A) is to pass a speaking order after controverting all the facts given by assessee and decide the issue with reasons after affording proper opportunity of hearing. Since this was absent in his order, I quash the same and remit the appeal back to his file for fresh adjudication with the above direction. I order accordingly. The appeal of assessee is allowed for statistical purposes.

3.

In the result, appeal of assessee is allowed for statistical purposes. Order pronounced in the open court. (M. Balaganesh) Judicial Member Dated : 29th April, 2016 Jd. (Sr. P.S.) Copy of the order forwarded to:

1.

Appellant – Shri Pradip Kumar Pandey, Nirsha High School Road, New Bhamal, Post Nirsha-828205, Dist. Dhanbad (Jharkhand).

2.

ITO, Wd-2(3), Asansol.

3.

CIT(A) , Asansol

4.

CIT , Asansol

5.

DR, Kolkata Benches, Kolkata /, By order, Asstt.

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