GARDEN CITY,AMRAWATI V. INCOME TAX OFFICER, WARD 3, AMRAWATI, AMRAVATI

ITA 53/NAG/2024

AI Insights

The case involves Garden City, the appellant, contesting an ex-parte assessment order for the assessment year 2017-18, which was initially upheld by the learned Commissioner of Income Tax (Appeals), National Faceless Appeal Centre, Delhi. The primary contention was the dismissal of the appeal due to a delay in filing, which the assessee failed to adequately explain. The Tribunal, however, decided to set aside the CIT(A)'s order and remand the case back to the Assessing Officer, emphasizing the need for a fair hearing and the application of the amended provisions under section 251 of the Income Tax Act, which allow for setting aside the assessment and referring the case back for a fresh assessment.

• Counselvise Citation: [2024] 140 COUNSELVISE.COM (IT) 474305 (ITAT-NAGPUR)
• Duration Of Justice: 9 month(s) 29 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 28-11-2024
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: DB
• Assessment Year: 2017-2018
• Appeal Filed On: 30-01-2024
• Laws Referred To: Income Tax Act
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: SANDIPKUMAR SALUNKE
• Assessee Lawyers: ALFIA ROZIE
• Keywords: Set aside; Principle of natural justice
• Section: 251

Judgement Text

" IN THE INCOME TAX APPELLATE TRIBUNAL NAGPUR BENCH, NAGPUR BEFORE SHRI V. DURGA RAO, JUDICIAL MEMBER AND SHRI K.M. ROY, ACCOUNTANT, MEMBER ITA no.53/Nag./2024 (Assessment Year : 2017–18) Garden City, 38, Sarthak, YMV Road Vijay Colony, Amravati 444 603 PAN – AAPFG3651A ……………. Appellant v/s Income Tax Officer Ward–3, Amravati ……………. Respondent Assessee by : Ms. Alfia Rozie Revenue by : Shri Sandipkumar Salunke Date of Hearing – 25/11/2024 Date of Order – 28/11/2024 O R D E R PER V. DURGA RAO, J.M. This appeal by the assessee is against the impugned order dated 29/12/2023, passed by the learned Commissioner of Income Tax (Appeals), National Faceless Appeal Centre, Delhi, [“learned CIT(A)”], for the assessment year 2017–18. 2. In this appeal, the assessee has raised following grounds:– “1. Whether on the facts and circumstances of the case, the learned CIT(A) was justified in deciding the case without adjudicating the case on merits. 2. The appellant craves leave to add or alter any other ground that may be taken at the time of hearing of this case.” 3. When this appeal was taken up for hearing, the learned Authorised Representative appearing for the assessee submitted that the learned CIT(A) has dismissed the appeal ex–parte on the ground that there is a delay. Even 2 Garden City before the Assessing Officer also, the assessee was non–responsive and as such the assessment order so passed by the Assessing Officer was ex–parte. 4. Per–contra, the learned Departmental Representative relied upon the order of the authorities below. 5. We have heard the rival arguments, perused the material available on record and gone through the orders of the authorities below. We find that despite of delay in filing the appeal before the learned CIT(A), the assessee did not furnish Affidavit in support of condonation of delay. The learned CIT(A) has dismissed the appeal for non–explaining the delay in filing the appeal. Be that as it may, to meet the ends of justice and following the principles of natural justice, we are of the opinion that the assessee deserves one opportunity to substantiate its case before the authority below. We also find that w.e.f. 01/10/2024, the statute provides following amendment in respect of power of the learned CIT(A) under section 251 of the Act and the same is reproduced herein below:– “251(1) ….. (a) ….. Provided that where such appeal is against an order of assessment made under section 144, he may set aside the assessment and refer the case back to the Assessing Officer for making a fresh assessment.” 6. Consequent upon the aforesaid amendment, the order passed by the learned CIT(A) is hereby set aside and remit the matter to the file of the Jurisdictional Assessing Officer and direct him to adjudicate the matter afresh on merit and in accordance with law after providing reasonable opportunity of being heard to the assessee. It is also directed that the assessee should not 3 Garden City seek adjournment without there being a justified reason. Accordingly, all the grounds raised by the assessee in this appeal are allowed for statistical purposes. 7. In the result, appeal filed by the assessee is allowed. Order pronounced in the open Court on 28/11/2024 Sd/- K.M. ROY ACCOUNTANT MEMBER Sd/- V. DURGA RAO JUDICIAL MEMBER NAGPUR, DATED: 28/11/2024 Copy of the order forwarded to: (1) The Assessee; (2) The Revenue; (3) The PCIT / CIT (Judicial); (4) The DR, ITAT, Nagpur; and (5) Guard file. True Copy By Order Pradeep J. Chowdhury Sr. Private Secretary Sr. Private Secretary ITAT, Nagpur "