HAJIAMINUDDIN HAJIHISAMUDDIN SHAIKH,VADODARA vs. THE INCOME TAX OFFICER, WARD-3(1)(1), VADODARA

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ITA 713/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 set aside the CIT(A)'s ex-parte order and remanded the issue for fresh adjudication. This was done in the interest of justice and fair play, considering the notices were issued during the COVID period.

What were the facts?

The assessee's appeal against the assessment order was confirmed ex-parte by the CIT(A) due to non-response to notices. The notices were issued during the COVID period.

What were the issues?

Whether the CIT(A) was justified in passing an ex-parte order without considering the circumstances of the COVID period for issuing notices.

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, ‘’ C’’ BENCH, AHMEDABAD

Before: Ms SUCHITRA KAMBLE & SHRI WASEEM AHMED

For Appellant: Shri Jigar Adhyaru, AR
Hearing: 28/02/2024Pronounced: 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 after confirming the addition made by the AO. The Ld. CIT(A), has issued two notices dated 22/01/2021 and 06/10/2021 and thereafter a system generated communication dated 07/11/2022, was notified to the assessee, but there was no response. Thus, the Ld. CIT(A), in the absence of any co-operation from the side of the assessee confirmed the order of the AO. The impugned two notices were issued by the Ld. CIT(A) during the covid period and therefore in the interest of justice and fair play we set-aside the issue to the file of the Ld. CIT(A) for fresh adjudication as per the provisions of law. Hence, the ground of appeal filed by 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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