M/S. HUMA ENTERPRISES & CONSULTANTS (P) LTD.,GUWAHATI vs. DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE-4, GUWAHATI

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ITA 13/GTY/2019Status: DisposedITAT Guwahati01 August 2022AY 2012-132 pages
AI SummaryRemanded

What did the Tribunal hold?

The Tribunal restored all issues to the CIT(A) for fresh adjudication. The CIT(A) was directed to pass a speaking order after considering the assessee's submissions and documents, providing adequate opportunity.

What were the facts?

The assessee's appeal before the CIT(A) was decided ex-parte due to the assessee's failure to appear and provide submissions. The assessee then appealed to the ITAT, requesting a fresh adjudication.

What were the issues?

Whether the assessee was provided with sufficient opportunity to present its case before the CIT(A) and whether the ex-parte order was justified.

Which sections of the Income-tax Act were involved?

Section 250

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, GAUHATI BENCH,

Before: SHRI MANISH BORAD & SHRI SANJAY SARMA]

Hearing: 27.07.2022Pronounced: 01.08.2022

ORDER

PER SONJOY SARMA, JM:

1.

This appeal filed by the assessee pertaining to A.Y. 2012-13 is directed against the order passed u/s 250 of the Income-tax Act, 1961 by the ld. CIT(A), Guwahati-2 dated 13.08.2018.

2.

At the outset, the ld. counsel for the assessee submitted that in the instant appeal, the impugned order is an ex-parte and the assessee failed to get sufficient opportunity to give the submission and filed relevant documents in support of its grounds raised before ld. CIT(A). Accordingly, prayer was made before this Tribunal to restore all the issues in the instant appeal to the ld. CIT(A) for fresh adjudication.

M/s. Huma Enterprises & Consultants Pvt. Ltd. AY 2012-13

3.

The ld. DR was fair enough in not raising any objection if the issue raised in this instant appeal is restored to ld. CIT(A).

4.

We have heard the rival contention and perused the record placed before us. From perusal of the impugned order, we find that there was no appearance on behalf of the assessee before the ld. CIT(A) and the impugned order was passed ex-parte.

5.

We, therefore, considering the prayer made by the ld. counsel for the assessee and no objection being raised by ld. DR restore all the issues in the instant appeal to the ld. CIT(A) for fresh adjudication and to pass a speaking order after considering the submission as well as relevant document to be filed by the assessee being provided adequate opportunity to decide matter in accordance with law. It is also clear that the assessee remain vigilant and file necessary document if it necessary in support of its grounds of appeal and should not take any adjournment unless otherwise required for reasonable cause.

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