SHRI GURBINDER SINGH SIDHU,NAWANSHAHR vs. COMMISSIONER OF INCOME TAX (APPEAL) -1, JALANDHAR

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ITA 367/ASR/2019Status: DisposedITAT Amritsar03 June 2022AY 2009-103 pages
AI SummaryRemanded

What did the Tribunal hold?

The Tribunal found that the CIT(Appeals) order was passed in violation of the principles of natural justice as the assessee was denied an opportunity to be heard. The matter was remanded back to the CIT(Appeals) for a fresh adjudication.

What were the facts?

The assessee filed an appeal against an ex-parte order passed by the CIT(Appeals) for AY 2009-10. The assessee did not attend the hearing before the CIT(Appeals), leading to an ex-parte decision.

What were the issues?

Whether the ex-parte order passed by the CIT(Appeals) violated the principles of natural justice and if the penalty under Section 271(1)(c) was validly levied without affording proper opportunity to the assessee.

Which sections of the Income-tax Act were involved?

Section 271(1)(c)

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, AMRITSAR BENCH, AMRITSAR

Before: DR. M. L. MEENA & SH. ANIKESH BANERJEE

For Respondent: Shri Manpreet Singh Duggal
Hearing: 10.05.2022Pronounced: 13.06.2022

ORDER

Per Dr. M. L. Meena, AM:

1.

This appeal has been filed by the assessee against the order dated 08.04.2019 passed by the Commissioner of Income Tax, (Appeals-2), Jalandhar (hereinafter referred to as “the CIT, Appeal”) in respect of the Assessment Year 2009-10, wherein the assessee has challenged the validity of the impugned order, in view of provisions of section 271(1)(c) of the income tax act 1961,being passed in violation of principles of natural Justice.

Assessment Year: 2009-10 2. None attended for the assessee. However, on perusal of record and hearing the ld. DR for the department, it is noticed that the impugned order is passes expartie qua the assessee and therefore, we decided to hear the appeal on principles of natural Justice.

3.

Although, the additional CIT, DR stands by the impugned order. However, he has no objection to remanding the matter to the CIT(A) for afresh adjudication in view of principles of natural Justice.

4.

Having heard the Ld. DR and considering the facts of the case, we find that the assessee has been denied opportunity of being heard to present its case by the CIT Appeal and passed the order ex-parte qua the assessee which amounts to gross volition of principles of natural justice. We are of the considered opinion that the matter is required to be send back to the ld. CIT appeals to examine the matter afresh, after considering the submissions of the assessee to be filed in the fresh proceedings and affording adequate opportunity of being heard while adjudicating the issue of levy of penalty under section 271(1)(c) as per the provisions of income tax act 1961. The assessee is directed to cooperate in the fresh proceedings before the CIT appeals and filed the necessary documentary evidences in compliance to Assessment Year: 2009-10 the queries raised by the CIT appeals in the course of appellate proceedings in order to support its contentions. Accordingly, the matter is remanded back to the CIT appeal for afresh adjudication.

5.

In the result, the appeal filed by the assessee is allowed for statistical purpose.

Order pronounced in the open court on 13.06.2022.

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