SHRI KISHORBHAI KALUBHAI GOLAVIYA,SURAT vs. THE DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-2, SURAT
What did the Tribunal hold?
The Tribunal found that the CIT(A) passed an ex parte and non-speaking order, failing to adjudicate the grounds of appeal as required. The Tribunal set aside the CIT(A)'s order and remitted the matter back for fresh adjudication on merits.
What were the facts?
The assessee's appeal before the ITAT concerned an order passed by the CIT(A) which arose from an assessment order. The assessee contended that the CIT(A) did not adjudicate the issues on merit and upheld a penalty order instead of the quantum proceedings.
What were the issues?
Whether the CIT(A) properly adjudicated the appeal on merits and followed the principles of natural justice. The issue also involved a potential mix-up between quantum and penalty proceedings in the CIT(A)'s order.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, SURAT BENCH, SURAT
Before: SHRI PAWAN SINGH, JM & DR. A.L.SAINI, AM
सुनवाई की तारीख/ Date of Hearing : 11/07/2022 घोषणा की तारीख/Date of Pronouncement : 11/07/2022 आदेश / O R D E R PER DR. A. L. SAINI, ACCOUNTANT MEMBER: Captioned appeal filed by the assessee, pertaining to assessment year 2013- 14, is directed against the order passed by the Learned Commissioner of Income Tax(Appeals)-4, Surat [‘Ld. CIT(A) for short] dated 02.08.2018, which in turn arises out of an assessment order passed by the Assessing Officer u/s 143(3) of the Income Tax Act, 1961, dated 27.03.2015.
At the outset itself, Learned Counsel for the assessee, assailed the impugned order passed by Ld. CIT(A) contending that Ld. CIT(A) did not adjudicate the issue raised by assessee on merit. The ld. Counsel also argued that Ld. CIT(A) upheld the order of Assessing Officer dated 29.09.2016 passed u./s 271(1)(c) of the Act, whereas assessee’s appeal relates to quantum proceedings u/s 143(3) of the Act. Therefore, findings of Ld. CIT(A) relates to penalty proceedings and not quantum proceedings. Therefore, Ld. Counsel prays the A.Y. 13-14 Sh. Kashorbhai K Golaviya Bench the matter may be remitted back to the file of Ld. CIT(A) for afresh adjudication..
On the other hand, ld. Sr.DR for the Revenue submits that assessee has been given nineteen (19) opportunities by Ld. CIT(A) to plead its case, however, assessee took only adjournments therefore further opportunities should not be given to the assessee. The Ld. Sr-DR therefore states that assessee’s appeal may be dismissed.
We have heard both the parties and we note that in the assessee’s case under consideration, the assessment was carried out u/s 143(3) of the Act and the impugned order passed by the ld. CIT(A), is an ex parte order and non-speaking order, therefore, we do not wish to make any comments on the merits of the grounds raised by the assessee. We note that ld. CIT(A) has not decided various issues ground-wise in respect of the grounds raised by the assessee in memo of appeal as per the mandate of provisions of section 250(6) of the Act. The ld. CIT(A) has not examined assessment records and relevant documents, and has not passed any speaking order. We note that there is also a typographical error in para- 5.3 of the order passed by LD. CIT(A), wherein Ld. CIT(A) mentioned that “order passed by Assessing Officer u/s 271(1)(c) is upheld”. However, we note that it is quantum proceedings before Ld. CIT(A); therefore we note that it is only unintentional mistake which can be rectified. Considering the above facts, we note that it is settled law that principles of natural justice and fair play require that the affected party is granted sufficient opportunity of being heard to contest his case. Therefore, we deem it fit and proper to set aside the order of the ld. CIT(A) and remit the matter back to the file of the ld. CIT(A) to adjudicate the issue afresh on merits after giving reasonable opportunity of hearing to assessee. The assessee is directed to appear before the ld.CIT(A) as and when the date of hearing and to provide with all necessary evidence and information without any further delay and not to seek the adjournment without any valid reasons. The ld.CIT(A) is also A.Y. 13-14 Sh. Kashorbhai K Golaviya directed to dispose the appeal as early as possible in accordance with law. Thus, grounds of appeal raised by assessee are allowed for statistical purposes.
In the result, the appeal of the assessee is allowed for statistical purposes.
Order is pronounced on 11/07/2022 by placing the result on the Notice Board.
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