SASTI COLLORRY KOYALA KHADAN KARMACHARI PAT SANSTHA vs. I.T.O. WARD -3, CHANDRAPUR
What did the Tribunal hold?
The ITAT condoned the delay, set aside the CIT(A)'s ex-parte order, and restored the matter to the CIT(A) for fresh adjudication on merits. The tribunal directed the CIT(A) to provide the assessee a fresh opportunity of hearing and to present evidence.
What were the facts?
The assessee's appeal before the CIT(A) for AY 2011-12 was dismissed ex-parte due to non-prosecution. The assessee filed an appeal with the ITAT against this order, which had a delay of 234 days.
What were the issues?
The key legal issue was the validity of the CIT(A)'s ex-parte dismissal for non-prosecution without adjudicating on merits, and whether the assessee should be granted another opportunity to present its case.
Which sections of the Income-tax Act were involved?
None
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, NAGPUR
Before: SHRI INTURI RAMA RAO & SHRI S.S. VISWANETHRA RAVI
आदेश / ORDER
PER S.S. VISWANETHRA RAVI, JM :
This appeal by the assessee against the order dated 22-03-2016 passed by the Commissioner of Income Tax (Appeals)-4, Nagpur [‘CIT(A)’] for assessment year 2011-12.
We note that this appeal was filed with a delay of 234 days. On perusal of record, hearing the ld. DR and in view of disposal of appeal for non-prosecution by the CIT(A), the delay of 234 days are condoned.
At the time of hearing there was no appearance from the assessee nor through its representative and we observe that the order passed by the CIT(A) is an ex-parte order and liabilities of the assessee were not adjudicated upon. The ld. CIT(A) dismissed the appeal of the assessee on the ground of non-prosecution. After hearing the submissions of ld. DR wherein it is evident that neither the assessee nor its authorized representative attended and filed the details evidences in support of appeal on merits before the CIT(A) and the contention of ld. DR is that the CIT(A) offered may opportunities to the assessee and the assessee failed to avail the same. Therefore, the ld. DR vehemently opposed the prayer of providing any further opportunity to the assessee for representing its case on merits before the First Appellate Authority.
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 and we are of the considered view that one final opportunity needs to be given to the assessee to represent its case on merits. In view of the same, we set aside the order of ld. CIT(A) and restore the matter to its file for fresh adjudication and decide the issues after providing sufficient opportunity of hearing to the assessee. The assessee is liberty to file evidences, if any, in support of its claim.
In the result, appeal of the assessee is allowed for statistical purposes.
Order pronounced in the open court on 15th November, 2021.
Sd/- Sd/- (Inturi Rama Rao) (S.S. Viswanethra Ravi) ACCOUNTANT MEMBER JUDICIAL MEMBER ऩुणे / Pune; ददनाांक / Dated : 15th November, 2021. RK आदेश की प्रनिलऱपप अग्रेपषि / Copy of the Order forwarded to : अऩीऱाथी / The Appellant. 1. प्रत्यथी / The Respondent. 2. 3. The CIT(A)-4, Nagpur 4. The Pr. CIT-3, Nagpur ववभागीय प्रतततनधध, आयकर अऩीऱीय अधधकरण, नागऩूर, 5. / DR, ITAT, Nagpur. गार्ड फ़ाइऱ / Guard File. 6. //सत्यावऩत प्रतत// True Copy// आदेशानुसार / BY ORDER,
तनजी सधिव / Private Secretary, आयकर अऩीऱीय अधधकरण, ऩुणे / ITAT, Pune
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