THALASSERY RANGE KALLUCHETHU VYAVASYA THOZHILALI SAHAKARANA SANGAM,THALASSERY vs. INCOME TAX OFFICER, KANNUR

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ITA 253/COCH/2021Status: DisposedITAT Cochin15 March 2022AY 2013-20142 pages
AI SummaryRemanded

What did the Tribunal hold?

The Tribunal found that there was no indication of notice of hearing being issued by the CIT(A), thus violating the principles of natural justice. The orders of the CIT(A) were set aside and the appeals were restored for readjudication.

What were the facts?

The assessee appealed to the CIT(A) against the assessment orders for AYs 2013-14 and 2014-15. The assessee contended that no notice of hearing was issued by the CIT(A) before disposing of their appeals.

What were the issues?

Whether the CIT(A) violated the principles of natural justice by disposing of the appeals without issuing a notice of hearing to the assessee.

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, COCHIN BENCH, COCHIN

Before: Shri George Mathan, JM & Shri M. Balaganesh, AM

For Appellant: Shri T.M. Sreedharan, Advocate
For Respondent: Smt. J.M. Jamuna Devi, Sr. D.R
Hearing: 15.03.2022Pronounced: 15.03.2022

These are appeals filed by the assessee against the order of the learned CIT(A), NAFC, Delhi in appeal Nos. CIT(A), Kozhidoke/ 10594/2016-17 & CIT(A), Kozhidoke/10673/2016-17dated 17.09.2021 for assessment years 2013-14 & 2014-15.

2.

Shri T.M. Sreedharan, Advocate represented the assessee and Smt. J.M. Jamuna Devi, Sr. D.R. represented Revenue.

3.

It was submitted by the learned A.R. that no notice of hearing was issued to the assessee before disposal of assessee’s appeals. It was the submission that the assessee may be granted an opportunity of being heard before the learned CIT(A).

4.

In reply the learned D.R. vehemently supported the order of the CIT(A). It was the submission of the learned D.R. that the assessee has himself offered its income under the head “Other Sources”. & 254/Coch/2021 2 Thalassery Range Kalluchethu Vyasaya 5. We have considered the rival contentions. A perusal of the orders of the learned CIT(A), National Faceless Appeal Centre shows that there is no indication of issuance of notice of hearing. This being so there is violation of principles of natural justice. Under these circumstances we set aside the orders of the CIT(A) and the issues in the appeals are restored to the file of the learned CIT(A) for readjudication on merits after granting the assessee adequate opportunity of being heard.

6.

In the result, the appeals filed by the assessee are partly allowed for statistical purposes.

Dictated and pronounced in the open Court on 15th March, 2022.

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