Velu Palandar v. DCIT

83 ITR 683High Court1972#1205 most cited

What is Velu Palandar v. DCIT authority for?

The opportunity of hearing provided to an assessee must be real, effective, and realistic, not merely notional, and tax authorities are incumbent to decide cases on their merits after affording due opportunity.

94

judgments rely on this decision, according to BharatTax’s citation analysis of 366,470 Indian tax judgments — from 2016 to 2025.

Also referred to as

S. Velu Palandar v. DCIT · 83 ITR 683 · opportunity of hearing · natural justice · real effective realistic opportunity · notional opportunity · section 142(1) · section 271(1)(b) · section 272A(1)(d) · penalty for non-compliance · ex-parte assessment · decide on merits

Issues it is cited on

Judgments citing Velu Palandar v. DCIT

Kalyanji Mishra, Varanasi vs. ITO, Range - III(1), Varanasi

In the result, for statistical purposes, the appeal is treated as allowed

ITA 103/VNS/2019[2009-2010]Status: DisposedITAT Varanasi18 Nov 2021AY 2009-2010

Bench: Shri. A. D. Jainassessment Year: 2009-10 Shri Kalyanji Mishra V. The Ito Bharhuhana Civil Lines Road Range Iii(1) Sadar, Varanasi Varanasi Tan/Pan:Axhpm4815B (Appellant) (Respondent) Appellant By: Shri Praveen Godbole, C.A. Respondent By: Shri Ajay Kumar, D.R. Date Of Hearing: 11 11 2021 Date Of Pronouncement: 22 11 2021 O R D E R This Is Assessee’S Appeal Against The Order Of The Ld. Cit(A), Varanasi, Dated 14.9.2018, For Assessment Years 2009- 10. 2. By Virtue Of The Impugned Order, The Ld. Cit(A) Has Dismissed The Assessee’S Appeal For Non-Prosecution, Observing That The Assessee Is Not Interested In Prosecuting The Appeal. The Ld. Cit(A) Had Issued Three Notices, Dated 7.4.2017, 20.8.2018 & 30.8.2018, Fixing The Dates Of Hearing On 25.4.2017, 27.8.2018 & Respectively & Passed The Order On 13.9.2018, Dismissing The Appeal Qua The Assessee. But, It Is Not Clear From His Order Whether Notice Of Hearing Was Ever Served Upon The Assessee. Such Service Of Notices Has, However, Been Disputed By The Assessee. 3. Heard. I Find That The Cit(A) Has Dismissed The Appeal Without Providing Proper Opportunity To The Assessee. Moreover, He Has Not Decided The Appeal After Discussing In Detail, His Reasons For Agreeing With The Assessment Order. In This View Of The Matter, Another Opportunity Of Hearing Requires To Be Given To

For Appellant: Shri Praveen Godbole, C.AFor Respondent: Shri Ajay Kumar, D.R

…ith the assessment order. In this view of the matter, another opportunity of hearing requires to be given to ITA No.73/VNS/2018Page 2 of 2 the assessee to represent his case fully before the ld. CIT(A). Even otherwise, it is trite [‘S. Velu Palandar Vs. DCIT’ 83 ITR 683 (Mad.) and ‘Ms. Swati Pawa vs. Dy. CIT’, 175 ITD 622 (Del)] and incumbent on the ld. CIT(A) to decide an appeal on merit even in the absence of any representation before them. 4. In view of the above, the matter is remitted to the file of the ld. CIT(A) to be decided afresh on merit, in accordance with law, on affording due and adequate opportunit…

Shri Chandra Shekhar Khosla, Lucknow vs. Deputy Commssioner of Income Tax-2, Lucknow

In the result, for statistical purposes, the appeal is treated as allowed

ITA 735/LKW/2019[2015-16]Status: DisposedITAT Lucknow27 Jan 2020AY 2015-16

Bench: Shri. A. D. Jainassessment Year: 2015-16 Chandra Shekhar Khosla V. Dy. Cit-2 25, Shahnajaf Road Lucknow Hazratganj, Lucknow Tan/Pan:Afbpk1352D (Appellant) (Respondent) Appellant By: Shri Devashish Mehrotra, Advocate Respondent By: Smt Alka Singh, D.R. Date Of Hearing: 28 01 2020 Date Of Pronouncement: 28 01 2020 O R D E R This Is Assessee’S Appeal Against The Order Of The Ld. Cit(A)-1, Lucknow, Dated 24/10/2019, For Assessment Year 2015-16, Taking The Following Grounds: 1. That The Ld. Cit(A) Has Erred In Law & On Facts & Circumstances Of The Case In Confirming The Addition Made By The Assessing Officer By Passing An Ex-Parte Order. 2. That No Proper Opportunity As Required By Law Has Been Provided To The Appellant Failing Which The Order Passed Is Void Ab Initio, Bad In Law & Deserves To Be Cancelled. 3. That The Ld. Cit(A) Has Erred In Law & On Facts & Circumstances Of The Case In Holding That The Appellant Had Not Attended The Appellate Proceedings Whereas, On The Date Fixed For Hearing, The Ld. C1T(A) Was Not Available In Office Because Of Which The Hearing Could Not Be Attended. 4. That Without Prejudice In Any Way Of The Matter, The Ld. Cit(A) Has Not Considered The Facts Duly Given In The Statement Of Facts Alongwith The Appeal & Is Not Ita No.735/Lkw/2019 Page 2 Of 3

For Appellant: Shri Devashish Mehrotra, AdvocateFor Respondent: Smt Alka Singh, D.R

…il, his reasons for agreeing with the assessment order. In this view of the matter, another opportunity of hearing requires to be given to the assessee to represent his case fully before the ld. CIT(A). Even otherwise, it is trite [‘S. Velu Palandar Vs. DCIT’ 83 ITR 683 (Mad.) and ‘Ms. Swati Pawa vs. Dy. CIT’, 175 ITD 622 (Del)] and incumbent on the ld CIT(A) to decide an appeal on merit even in the absence of any representation before them. 5. In view of the above, the matter is remitted to the file of the ld. CIT(A) to be decided afresh on merit, in accordance with law, on affording due and adequate opportunity…