SMT JAYSHREE THAKUR,BHAGALPUR vs. ITO, WARD-1(2), BHAGALPUR

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ITA 57/PAT/2020Status: HeardITAT Patna13 October 2022AY 2012-132 pages
AI SummaryRemanded

What did the Tribunal hold?

The Tribunal found that the impugned orders were ex-parte and lacked detailed discussion on merits. Therefore, the Tribunal set aside the orders and remitted them back to the CIT(A) for fresh adjudication after providing the assessee with a proper opportunity of being heard and filing necessary documents.

What were the facts?

The assessee's appeals for assessment years 2007-08 to 2012-13 were against ex-parte orders passed by the CIT(A). The assessee contended that they did not get an opportunity to file submissions or documents before the CIT(A).

What were the issues?

Whether the assessee was denied a proper opportunity to present their case before the CIT(A), leading to ex-parte orders.

Which sections of the Income-tax Act were involved?

Section 143(3),Section 147

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, PATNA BENCH, PATNA

Before: DR. MANISH BORAD, HON’BLE & SHRI SONJOY SARMA, HON’BLE]

order : October 13, 2022 ORDER PER BENCH: These captioned appeals are filed by the assessee pertaining to A.Y. 2007-08 to 2012-13 against the order of ld. CIT(A), Bhagalpur which are arising out of the assessment orders framed u/s 143(3) r.w.s. 147 of the Income-tax Act, 1961 all dated 26.03.2015 passed by ITO, Ward-1(2), Bhagalpur.

2.

At the outset, the ld. counsel for the assessee submitted that since the assessee did not get any opportunity to file relevant documents as well as submission before the ld. CIT(A) since all the orders passed by the authorities below are ex-parte orders. Therefore, one more opportunity should be given to the assessee and the issues raised in the appeals may be set aside to the file of ld. CIT(A) for fresh adjudication on merits of the case.

3.

The ld. DR was fair enough not to oppose such submission made by the ld. AR of the assessee. We, therefore, under the given facts and circumstances 2 to 57/Pat/2020 Assessment Year: 2007-08 to 2012-13 Smt. Jayshree Thakur of the case are of the considered view that since the impugned orders are ex- parte order and no detailed discussion has been made on the merits of the case. Therefore, we in the interest of justice set aside the impugned orders and remit it back to the file of ld. CIT(A) for deciding the issues raised before us by way of speaking order. In the mean time, we also direct the assessee to remain vigilant in receiving the notices of hearing from the ld. CIT(A) and should not request for any further adjournment unless otherwise required for reasonable cause. It is also directed to the assessee to file all necessary documents before the ld. CIT(A) to substantiate its claim and facilitate the ld. CIT(A) for passing the speaking order. Needless to mention that the assessee should be given proper opportunity of being heard.

4.

In the result, all the appeals filed by the assessee are allowed for statistical purposes. Order Pronounced in the Open Court on 13th October, 2022.

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