Income Tax

CIT-Appeals ex-parte order bad as he himself adjourned hearing for being busy – ITAT

CIT-Appeals ex-parte order bad as he himself adjourned hearing for being busy, notice received on same date and AR was suffering from high fever – ITAT

ABCAUS Case Law Citation:
ABCAUS 1251 (2017) (05) ITAT

The Grievance:
The appellant assessee was aggrieved by the order passed by the Commissioner of Income Tax  (Appeals) ex-parte by holding that assessee had not attended the hearings before him

Assessment Year : 2010-11
Date/Month of Pronouncement: May, 2017

Contentions of the appellant assessee:
It was contended that CIT(Appeals) erred in passing the ex-parte order by holding that assessee had not attended the hearings before him which was absolutely incorrect. It was argued that the notice of first hearing was received on the date of hearing itself. It was pointed out that as per entries in the order sheet before the CIT(A), that the assessee had attended hearings on two occasions but since the CIT(A) was busy, the case was adjourned. It was submitted that on the date so adjourned the authorised representative of the assessee was suffering from high fever and an adjournment petition was filed before the CIT(A) requesting for grant of adjournment. However, the CIT(A) did not agree for any adjournment and passed ex-parte order.

Observations made by the Tribunal:
The Tribunal observed that the CIT(A) had passed an order ex-parte despite the fact that the notice of first hearing was received on the date of hearing itself i.e. 21/04/2016 so the hearing was adjourned to 24/05/2016. On 24/05/2016, the learned CIT(A) was busy and the hearing was adjourned from his end to 10/06/2016. On 10/06/2016, the assessee’s AR was suffering from high fever. A letter stating this fact was filed on 10/06/2016 and hearing was adjourned to 17/06/2016. The assessee’s AR could not recover from his high fever before 17/06/2016 and therefore could not attend the hearing on 17/06/2016. After getting well, the AR attended the office of learned CIT (A) on 20/06/2016 but he was informed that the order has been passed ex-parte.

The ITAT opined that in view of the facts of the case as above, the said ex-parte order was bad in law as the circumstances in which the non attendance resulted were beyond the control of the assessee.

It was also found that the CIT (Appeals) has not adjudicated on the grounds of appeal raised before him and simply passed the ex-parte order for the reason of non attendance.

Held:
The ex-parte order of the CIT(A) was set aside and restored back to the file of the CIT(A) for deciding afresh after giving due opportunity to the assessee.

Download Full Judgment

Share

Recent Posts

  • Income Tax

Receipts mentioning that it was towards corpus, donation assumed to be for corpus of trust

In the absence of objection by donors to receipts mentioning that donations were towards corpus, it is assumed that donations…

17 hours ago
  • Income Tax

Credit in partner’s capital account for book entry adjustments can not be added u/s 68

Credit in assessee’s capital account consequent to book entry adjustments in the books of the partnership firm can not be…

2 days ago
  • Income Tax

Non-compliance of summons issued u/s 131 no ground to make addition u/s 68

Non-compliance of summons issued u/s 131 by investing companies is no ground to make addition under section 68 of the…

2 days ago
  • Income Tax

Assessee not obliged to demonstrate actual utilization of donation u/s 35(1)(ii)

Assessee not obliged to demonstrate actual utilization of donation u/s 35(1)(ii) for scientific research made to an eligible institution In…

2 days ago
  • Income Tax

For Registration u/s 12AB, phrase “genuineness of activities” is interpreted liberally

Phrase "genuineness of activities" has been interpreted liberally by various judicial forums including the ITAT and High Courts - ITAT…

3 days ago
  • Income Tax

If AO rejects a reply, he has to offer opportunity of personal hearing to assessee

If assessing officer rejects a reply, he had to offer an opportunity of personal hearing to the assessee– Allahabad High…

4 days ago