M/S FABTECH INDUSTRIES,KOLKATA vs. ITO, WD-49(2), KOLKATA, KOLKATA
What did the Tribunal hold?
The ITAT found that the CIT(A) had not adjudicated the appeal on merits. Therefore, the ITAT restored the file to the CIT(A) for fresh adjudication after giving the assessee a reasonable opportunity to be heard.
What were the facts?
The assessee sought a stay of tax demand after the CIT(A) dismissed their appeal ex-parte. The assessee had filed a second appeal before the ITAT due to pressure for recovery of the tax demand.
What were the issues?
Whether the CIT(A) erred by passing an ex-parte order without adjudicating the appeal on merits, and whether the matter should be restored for fresh adjudication.
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, KOLKATA BENCH “A” KOLKATA
Before: Shri Mahavir Singh & Shri Waseem Ahmed
Heard together (2 matters)
Read from the judgment's own cause title. This page is filed under one of them.
आदेश /O R D E R
PER Waseem Ahmed, Accounting Member:-
By way of this stay petition the assessee seeks stay of assessment proceedings in pursuance to order.
S.P No.41/Kol/2015 & A.Y.2010-11 M/s Febtech Inds. v. ITO Wd-49(2) Kol. Page 2 2. The facts of the case are that the assessment was made by the AO, creating a demand of tax on the assessee for the above said amount. The assessee preferred an appeal to CIT(A) who dismissed the appeal by passing an ex-parte order. Aggrieved, assessee preferred second appeal before us by filing appeal in ITA No.1237/Kol/2015 on dated 28.09.2015. There was pressure for the recovery of the demand of tax from Revenue on the assessee therefore the assessee filed this application for the stay of the tax demand. We find from the records and submission of assessee that the ld. CIT(A) has not adjudicated the appeal on merits. Therefore we rejected the stay application of the assessee and decided to hear the appeal. Both the ld. AR and ld. DR raised no objection on the matter of hearing of appeal. At the outset we found that the ld. CIT(A) has passed ex-parte order, therefore in the interest of justice and fair play, we deemed it fit to restore the file to ld. CIT(A) for fresh adjudication as per law after giving reasonable opportunity to the assessee. It is also important to note that the assessee should co-operate in the appellate proceedings. Hence the ground of appeal of the assessee is allowed for statistical purpose.
Recent GST High Court judgments
Search GST case law →- Vinay Singh vs. Union Of INDIAAllahabad · 21 Oct 2026
- M/S Aaradhyam Infrabuilders PVT LTD vs. State Of U.P. And AnotherAllahabad · 21 Oct 2026
- M/S Shivam Tiles House vs. State Of U.P. And AnotherAllahabad · 21 Oct 2026
- Imtiyaz Shaikh Z Chorlekar vs. Salman ShaikhBombay · 21 Oct 2026
- Dr Babasaheb Ambedkar Marathwada University Thr Its Registrar Prashant S Amrutkar vs. Union Of INDIA Thr The Secretary And OthersBombay · 19 Oct 2026