M/S. VRAJESH AGENCIES,VADODARA vs. THE INCOME TAX OFFICER, WARD-1(2)(5), VADODARA

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ITA 190/AHD/2023Status: DisposedITAT Ahmedabad06 February 2024AY 2013-14Bench: SHRI WASEEM AHMED (Accountant Member), Ms. MADHUMITA ROY (Judicial Member)2 pages
AI SummaryRemanded

What did the Tribunal hold?

The ITAT set aside the NFAC's order and remanded the issue back to the CIT(A) for a fresh consideration on merits. The CIT(A) was directed to grant the assessee a proper opportunity of being heard and consider all evidence.

What were the facts?

The assessee's appeal was dismissed ex parte by the NFAC due to non-appearance. The ITAT found that the NFAC's order lacked merit and was not a speaking order.

What were the issues?

Whether the NFAC's ex parte dismissal order was passed without proper consideration of the grounds of appeal and without granting a proper opportunity of hearing to the assessee.

Which sections of the Income-tax Act were involved?

Section 143(3),Section 250(6)

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, “SMC” BENCH, AHMEDABAD

Before: SHRI WASEEM AHMED&

For Appellant: Shri Sushil Kumar Katiar, Sr. DR
For Respondent: Shri Sushil Kumar Katiar, Sr. DR
Hearing: 06/02/2024

O R D E R

PER Ms. MADHUMITA ROY - JM:

1.

The instant appeal filed at the instance of the assessee is directed against the order dated 13.02.2023 passed by the National Faceless Appeal Centre (NFAC), Delhi, arising out of the order dated 18.03.2016 passed by the ITO, Ward-1(2)(5), Vadodara, under Section 143(3) of the Act for Assessment Year 2013-14.

2.

The appeal was dismissed ex parte by NFAC, Delhi as none appeared on behalf of the appellant in spite of several notices issued to the appellant. However, since order passed by the Ld. (M/s. Vrajesh Agencies vs. ITO) A.Y.– 2013-14 - 2 – CIT(A) is not found to be on merit by passing a speaking order considering the grounds of appeal preferred by the appellant in terms of Section 250(6) of the Act, we set aside the issue to the file of the Ld. CIT(A) to re-consider the issue afresh on merit. The CIT(A) is further directed to grant proper opportunity of being heard to the appellant and also to consider the evidence on record or any other evidence which the assessee may choose to file at the time of hearing of the matter. We also make it clear that in the event the appellant does not co-operate with the Ld. CIT(A), the said authority will be at liberty to proceed with the matter and pass order strictly in accordance with law.

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

This Order pronounced on 06/02/2024

Sd/- Sd/- (WASEEM AHMED) (MADHUMITA ROY) ACCOUNTANT MEMBER JUDICIAL MEMBER Ahmedabad; Dated 06/02/2024 S. K. SINHA True Copy आदेश क� ��त�ल�प अ�े�षत/Copy of the Order forwarded to : 1. अपीलाथ� / The Appellant 2. ��यथ� / The Respondent. 3. संबं�धत आयकर आयु�त / Concerned CIT 4. आयकर आयु�त(अपील) / The CIT(A)- 5. �वभागीय ��त�न�ध, आयकर अपील�य अ�धकरण, अहमदाबाद / DR, ITAT, Ahmedabad 6. गाड� फाईल / Guard file. आदेशानुसार/ BY ORDER,

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