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…