EBRAHIM MOHAMMED,KANNUR vs. THE ITO, KANNUR
What did the Tribunal hold?
The Tribunal found merit in the assessee's submission that notices might not have been received due to COVID restrictions. Therefore, in the interest of justice, the appeals were remitted back to the CIT(A) for a fresh examination.
What were the facts?
The assessee's appeals were dismissed by the CIT(A) for non-appearance. The assessee claimed health issues and COVID restrictions prevented their appearance. The ITAT noted that the CIT(A)'s order did not mention service of notice, and the assessee denied receiving it.
What were the issues?
Whether the CIT(A) erred in dismissing the appeal without proper service of notice, especially considering the COVID-19 pandemic restrictions.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, BENCH : COCHIN
Before: SHRI N. V. VASUDEVAN & Ms. PADMAVATHY
Date of hearing : 06.12.2022 Date of Pronouncement : 12.12.2022 O R D E R Per Padmavathy S, Accountant Member: These appeals by the assessee are against the separate orders of the CIT(Appeals)-12, Bengaluru dated 08.10.2021, 7.10.2021, 7.10.2021, 8.10.2021 and 7.10.2021 for the assessment years 1999- 2000 to 2003-04 respectively. These appeals involve common issue, hence heard together and disposed of by this common order.
For the AY 1999-2000, the assessee filed the return of income declaring total income of NIL. The AO subsequently initiated proceedings u/s. 148 and completed the assessment u/s. 144 making substantial addition rejecting the claim of the assessee that income derived from Dwaraka Tourist Home, Golden Regency and V K Theatre are business income only. The assessee filed an appeal before the CIT(A) against the order of AO.
The assessee was given notices on various occasions by the CIT(A) posting the hearing . The assessee did not appear before the CIT(A) and therefore the CIT(A) dismissed the appeal by following various judicial pronouncements considering the merits available on record.
The ld. AR during the course of hearing submitted that the assessee could not appear before the CIT(A) due to health issues and also due to COVID restrictions. The ld. AR therefore prayed for an opportunity in the interest of justice.
The ld. DR supported the orders of the CIT(A).
We have considered the rival submissions and perused the material on record. We notice that the various dates of hearing posted by the CIT(A) were during the COVID period sent by Registered Post. The order of CIT(A) does not mention anything about service of notice. The assessee has denied that he received any notice from the office of the CIT(A). We see merit in the submission of the assessee that due to COVID lockdown, the notice sent by registered post did not reach the assessee to appear before the CIT(A). Therefore in the interest of justice, we remit the issue back to CIT(A) to examine the issue afresh after reasonable opportunity to the assessee, for all the assessment years since the facts being identical in all the appeals. Assessee is directed to cooperate in the proceedings.
In the result, all the appeals by the assessee are allowed for statistical purposes.
Pronounced in the open court on this 12th day of December, 2022.
More judgments on Section 148
- ACIT Central Bilaspur, Bilaspur vs Arun Kumar Agrawal, SaktiITSSA 26/RPR/2025[2018-19]Status: Disposed21 Oct 2026AY 2018-19
- Vinod Agrawal, Kawardha vs Assisstant Commissioner of Income Tax…ITA 666/RPR/2026[2019-20]Status: Heard21 Oct 2026AY 2019-20
- Sar Business Tradelink Private Limited… vs Income Tax Officer, Ward - 1(2), RaipurITA 599/RPR/2026[2014-15]Status: Heard21 Oct 2026AY 2014-15
- Neo Incorporation, Rajkot vs DCIT Circle- 1(2), RajkotITA 471/RJT/2026[2012-2013]Status: Disposed21 Oct 2026AY 2012-2013
- Adj Agri International LLP, Rajkot vs The Income Tax Officer, Ward-1(1)(1), RajkotITA 1198/RJT/2026[2018-19]Status: Disposed21 Oct 2026AY 2018-19
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