MUKESHKUMAR PUKHRAJ MEHTA,PUNE vs. INCOME-TAX OFFICER- WARD 8(3), PUNE
What did the Tribunal hold?
The Tribunal found that the rights and liabilities of the parties were not adjudicated on merits. Therefore, the Tribunal set aside the CIT(A)'s order and restored the matter for fresh adjudication.
What were the facts?
The assessee's appeal before the CIT(A) was dismissed ex-parte due to non-representation. The AO had determined the total income significantly higher than the returned income.
What were the issues?
Whether the CIT(A) was justified in dismissing the appeal ex-parte without adjudicating on merits, and if the assessee should be granted another opportunity to present their case.
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, “SMC” BENCH, PUNE
Before: SHRI R.S. SYAL & SHRI S.S. VISWANETHRA RAVI
आदेश / ORDER
PER S.S. VISWANETHRA RAVI, JM :
This appeal by the assessee against the order dated 12-02-2020 passed by the Commissioner of Income Tax (Appeals)-6, Pune [„CIT(A)‟] for assessment year 2012-13 wherein the CIT(A) dismissed the appeals ex- parte of the assessee.
We find there was no representation on behalf of the assessee nor any application filed seeking adjournment. Thus, the assessee called absent and set ex-parte. Therefore, we proceed to dispose of the case by hearing the ld. DR and examining the material available on record.
We find that the assessee is an individual and engaged in the business of Trading in Tubes and Pipes fitting. The AO determined the total income of the assessee at Rs.22,95,665/- as against the returned income of Rs.13,98,661/-. Against the order of AO, the assessee challenged the same before the CIT(A) wherein we note that there was no opportunity for the assessee to prosecute the grounds raised in First Appellate proceedings.
We have perused the case records and heard the ld. DR. We find that the ld. CIT(A) dismissed the appeal of the assessee on the ground of non prosecution. It is, therefore, clear that rights and liabilities of the parties were not adjudicated upon on merits. We are of the considered view that one more opportunity needs to be given to the assessee to represent his case on merits so that justice can be delivered.
In view of the matter, we set aside the order of ld. CIT(A) and restore the matter to his file for fresh adjudication after providing sufficient opportunity of hearing to the assessee. At the same time, we direct the assessee to present himself before the ld. CIT(A) with relevant documentary evidences, if any, to represent his case on merits.
In the result, the appeal of the assessee is allowed for statistical purposes.
Order pronounced in the open court on 04th October, 2021.
Sd/- Sd/- (R.S. Syal) (S.S. Viswanethra Ravi) VICE PRESIDENT JUDICIAL MEMBER ऩुणे / Pune; ददनाांक / Dated : 04th October, 2021. RK आदेश की प्रनिलऱपप अग्रेपषि / Copy of the Order forwarded to : अऩीऱाथी / The Appellant. 1. प्रत्यथी / The Respondent. 2. 3. The CIT(A)-6, Pune 4. The Pr. CIT-5, Pune ववभागीय प्रतततनधध, आयकर अऩीऱीय अधधकरण, “एक सदस्य मामऱा” बेंच, 5. ऩुणे / DR, ITAT, “SMC” Bench, Pune. गार्ड फ़ाइऱ / Guard File. 6. //सत्यावऩत प्रतत// True Copy// आदेशानुसार / BY ORDER,
तनजी सधचव / Private Secretary, आयकर अऩीऱीय अधधकरण, ऩुणे / ITAT, Pune
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