DEEPA MUKHI,BISTUPUR, JAMSHEDPUR V. ASSESSING OFFICER, NFAC, DELHI, RANCHI

ITA 362/RAN/2024

AI Insights

The case involves an appeal by Deepa Mukhi against the order of the NFAC/Commissioner of Income Tax (Appeals), which was initially an ex parte decision due to the non-compliance of the assessee. The Tribunal noted that despite reasonable opportunities being provided, there was no compliance from the assessee. However, considering the income tax laws as welfare legislation and the possibility of circumstances beyond the assessee's control, the Tribunal decided to set aside the previous order and remand the case for a fresh examination. The Tribunal directed the assessee to utilize this final opportunity to comply and present her case on merits.

• Counselvise Citation: [2025] 140 COUNSELVISE.COM (IT) 33887 (ITAT-RANCHI)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 05-02-2025
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: SMC
• Assessment Year: 2018-2019
• Laws Referred To: Income Tax Act, 1961
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Keywords: Set aside
• Section: 147; 144

Judgement Text

"IN THE INCOME TAX APPELLATE TRIBUNAL, RANCHI BENCH(SMC), RANCHI BEFORE SHRI PARTHA SARATHI CHAUDHURY, JUDICIAL MEMBER ITA No. 362/Ran/2024 (Assessment Year 2018-19) (Physical Hearing) Deepa Mukhi, C/o- Debashish Gupta, G-1 & 2, Gangotri House, 1 Number Sura Bhawan Area, South Park, Bistupur, Jamshedpur-831001. (Jharkhand) PAN No. APVPM 1354 H Vs. Assessing Officer NFAC, Delhi. Appellant/ Assessee Respondent/ Revenue Assessee represented by None Department represented by Shri Khubchand T. Pandya, Sr.DR Date of hearing 03/02/2025 Date of pronouncement 05/02/2025 O R D E R PER: PARTHA SARATHI CHAUDHURY, JUDICIAL MEMBER: 1. This appeal preferred by the assessee emanates from the order of National Faceless Appeal Centre, Delhi (NFAC)/learned Commissioner of Income Tax (Appeals) [in short, the ld. CIT(A)] dated 12/07/2024 for the Assessment Year (AY) 2018-19 as per the grounds of appeal on record. 2. At the time of hearing, none has appeared on behalf of assessee, though, the notice of hearing have been duly served as per registered address. 3. Submissions of the learned Senior Departmental Representative (ld. Sr.DR) for the revenue are recorded and the matter is taken as heard. 4. I have given careful consideration to the relevant documents on record and the submissions of the learned. Sr.DR for the revenue. It is observed that the order of assessment has been passed under Section 147 r.w.s 144 read with Section 144B of the Income Tax Act, 1961 (in short, the Act). That further from para 5 ITA No. 362/Ran/2024 Deepa Mukhi Vs AO 2 of the ld. CIT(A), it is found that it is an ex parte order passed by the NFAC/CIT(A) for the reason that there was no compliance by the assessee. Therefore, the rights and liabilities of the parties herein have not been adjudicated substantially. It is correct that reasonable opportunities have been provided to the assessee, still, there was no compliance. The facts remain that the income tax laws are within the ambit of welfare legislation which are absolutely separate from penal legislation and therefore, given the facts and circumstances and as per applicable law, benefit of doubt has to be attributed to the assessee/tax payer. There may be circumstances beyond the control of assessee or \"vis major\" because of which the assessee may not have able to comply with the notices before the NFAC/ld. CIT(A). Under the given facts on record, which cannot be said that such non-compliance was deliberate or malafide on the part of assessee. Therefore, in the interest of principles of natural justice, I am inclined to provide one final opportunity to the assessee and accordingly the order of NFAC/ld.CIT(A) is set aside and the matter is remanded back to its file for de novo adjudication and the assessee is also directed that this being the final opportunity, she should file all the relevant documents before NFAC/ld. CIT(A) and represent her case on merits. As per the above terms, the grounds of appeal raised by the assessee stands allowed for statistical purposes only. 5. In the result, this appeal of assessee is allowed for statistical purposes. Order announced in open court on 05th February, 2025. Sd/- (PARTHA SARATHI CHAUDHURY) JUDICIAL MEMBER Ranchi, Dated: 05/02/2025 ITA No. 362/Ran/2024 Deepa Mukhi Vs AO 3 *Ranjan Copy to: 1. Assessee 2. Revenue 3. CIT 4. DR By order 5. Guard File Sr. Private Secretary, ITAT, Ranchi "