VEDAPAL,BULANDSHAHR vs. ITO, WARD-2(3)(3), BULANDSHAHR
What did the Tribunal hold?
The Tribunal restored the matter to the AO for de novo assessment, allowing the assessee an opportunity to be heard. A cost of Rs. 5,000 was imposed on the assessee for non-attendance.
What were the facts?
The assessee, a less literate farmer, failed to attend proceedings before the AO and CIT(A) despite notices, leading to ex-parte orders. The assessee claimed a bona fide lapse due to lack of understanding of tax proceedings.
What were the issues?
Whether the assessee was denied a due opportunity of hearing and if the ex-parte orders passed by the lower authorities were justified.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, DELHI BENCH “SMC”: NEW DELHI
Before: Shri C.M. Garg
This is an appeal filed by the assessee against the order of the ld CIT(A), National Faceless Appeal Centre (NFAC) dated 09.11.2022 for AY 2011-12.
Ld counsel of the assessee submitted that neither the AO nor the ld CIT(A) has allowed due opportunity of hearing to the assessee therefore, the AO has passed order u/s 144/ 147 of the Income Tax Act, 1961 (for short ‘the Act’) and the ld CIT(A) has also dismissed the appeal of the assessee ex parte in a cryptic manner without adjudicating the grounds of assessee raised along with Form 35. The ld counsel submitted that the assessee is less literate farmer and does not know how to attain proceedings before the tax authorities. There is a bona fide lapse/ omission on the part of the assessee in assessment proceedings before the authorities below but in the Page | 1
VEDAPAL interest of justice the assessee should be allowed to place all his arguments, explanation along with relevant documentary evidence before the AO.
Replying to the above the ld Sr. DR strongly opposed to the submission of the ld counsel of the assessee and submitted that the despite several notices of the AO and the ld CIT(A) the assessee did not attend the proceedings and therefore, they have no alternative but to pass an ex-parte order against the assessee. However, in all fairness the ld Sr. DR candidly submitted if it is found just and proper then the department has no serious objections if the matter be restored to the file of the AO for fresh adjudication after allowing due opportunity of hearing to the assessee.
On careful consideration of the above submission first of all from the orders of the authorities below I clearly note that despite sufficient notice the assessee did not attend proceedings before the AO as well as before the ld CIT(A), hence, ex parte orders have been passed by them. The ld Sr. DR has not disputed the very relevant fact that the assessee is a less literate farmer residing in a village therefore, in a non-deliberate lapse and omission not attending proceedings cannot taken as a basis to punish the assessee, depriving him from opportunity of being heard by the AO. Therefore, I find it just and proper to allow the assessee an opportunity of being heard before the AO and hence, the matter is restored to the file of AO in de novo framing the assessment order after allowing due opportunity to the assessee and without being influenced from the earlier assessment and first appellate order. As I have noted above despite several notices by the AO and ld CIT(A) the assessee did not attain the proceedings I deem it appropriate to impose a cost of Rs. 5,000/- to the assessee and direct him to deposit the same with the department under appropriate head.
VEDAPAL 5. In the result, appeal of the assessee is allowed for statistical purposes.
Order pronounced in the open court on 23/06/2023.
More judgments on Section 147
- ACIT Central Bilaspur, Bilaspur vs Arun Kumar Agrawal, SaktiITSSA 26/RPR/2025[2018-19]Status: Disposed21 Oct 2026AY 2018-19
- Vinod Agrawal, Kawardha vs Assisstant Commissioner of Income Tax…ITA 666/RPR/2026[2019-20]Status: Heard21 Oct 2026AY 2019-20
- Sar Business Tradelink Private Limited… vs Income Tax Officer, Ward - 1(2), RaipurITA 599/RPR/2026[2014-15]Status: Heard21 Oct 2026AY 2014-15
- Tarunaben Maganlal Bhut, Navagam vs ITO Ward 2(2)(1), RajkotITA 673/RJT/2026[2024-25]Status: Disposed21 Oct 2026AY 2024-25
- Neo Incorporation, Rajkot vs DCIT Circle- 1(2), RajkotITA 471/RJT/2026[2012-2013]Status: Disposed21 Oct 2026AY 2012-2013
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