INDIRABEN V. PATEL L/H OF LATE VINODBHAI BHIKHUBHAI PATEL,VADODARA vs. THE INCOME TAX OFFICER, WARD-1(2)(5) NOW WARD 1(2)(1), VADODARA

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ITA 552/AHD/2023Status: DisposedITAT Ahmedabad06 March 2024AY 2012-13Bench: Ms SUCHITRA KAMBLE (Judicial Member), SHRI WASEEM AHMED (Accountant Member)2 pages
AI SummaryRemanded

What did the Tribunal hold?

The tribunal found that there was a reasonable cause for the assessee's non-appearance due to their demise. The appeal was restored to the CIT(A) for fresh adjudication.

What were the facts?

The assessee passed away on July 18, 2020. However, the CIT(A) issued notices after January 8, 2021, and passed an ex-parte order. The assessee's legal heir was not given an opportunity to represent the case.

What were the issues?

Whether an ex-parte order passed by the CIT(A) is valid when the assessee has expired and their legal heir was not properly notified or given an opportunity to be heard.

Which sections of the Income-tax Act were involved?

Section 143,Section 147

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, ‘’ D’’ BENCH, AHMEDABAD

Before: Ms SUCHITRA KAMBLE & SHRI WASEEM AHMED

For Appellant: Shri Sakar Sharma, AR
Hearing: 29/02/2024Pronounced: 06/03/2024

आदेश/O R D E R PER WASEEM AHMED, ACCOUNTANT MEMBER:

1.

The captioned appeal has been filed at the instance of the Assessee against the order of the Learned Commissioner of Income Tax (Appeals), Vadodara, arising in the matter of assessment order passed under s. 143 r.w.s. 147 of the Income Tax Act, 1961 (here-in-after referred to as "the Act") relevant to the Assessment Year 2012-13.

2.

In the present case, the Ld. CIT(A), has passed ex-parte order to the assessee by confirming the order of the AO. However, from the details available to on record, it was noticed that the assessee expired on 18/07/2020, whereas all the notices were issued by the Ld. CIT(A) after 08/01/2021, meaning thereby during the relevant time the assesee was no more in existence. Considering all these facts, it appears to us that there was reasonable cause for non-appearance of the assessee and thus we deem it fit to restore the appeal to the Ld. CIT(A), for fresh adjudication as per the provision of law. The legal heir of the assessee is at the liberty to file the necessary document and raise his contention to set up the case before the Ld. CIT(A). Hence, the ground of appeal of the assessee is allowed for the statistical purposes.

3.

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

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