Namdeo Tukaram Khutwad, Pune V. Income-tax Officer, Ward - 14(4), Pune

ITA 1151/PUN/2018

• Counselvise Citation: [2022] 107 COUNSELVISE.COM (IT) 0081 (ITAT-PUNE)
• Duration Of Justice: 3 year(s) 11 month(s) 8 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 05-06-2022
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: B
• Assessment Year: 2010-2011
• Appeal Filed On: 27-06-2018
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Keywords: Set aside

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL ‘B’ BENCH, PUNE SHRI R.S. SYAL, VICE PRESIDENT AND SHRI PARTHA SARATHI CHAUDHURY, JUDICIAL MEMBER ITA No. 1151/PUN/2018 : A.Y. 2010-11 Namdeo T. Khutwad Komal Niwas, Sonarpool Phursungi, Tal. Haveli, Dist. Pune – 413 308 PAN; ABVPK5162 D Appellant Vs. The Ward 14(4), Pune Respondent Appellant by : Shri Pramod Shingte Respondent by : Shri Suhas Dabade Date of Hearing : 13-05-2022 Date of Pronouncement : 06-06-2022 ORDER PER PARTHA SARATHI CHAUDHURY, JUDICIAL MEMBER This appeal preferred by the assessee emanates from order of the ld. Commissioner of Income Tax (Appeals)- 7, Pune, dated 11-04-2018 for A.Y. 2010-11 as per the grounds of appeal on record. 2. We have heard both the parties and perused the material available on record. We find that the Ld.CIT(Appeals) has passed an ex-parte order and the rights and liabilities of the parties herein were not adjudicated on merits. That on perusal of Para 4 of the CIT(Appeals)’s order, it is apparent that opportunities were provided to the assessee asking him to attend the hearing. However, the assessee had remained absent. 2 ITA No. 1151/PUN/2018 Namdeo T. Khutwad A.Y. 2010-11 3. That further it is evident from Para 5.1 to 5.7 of the order of the Ld. CIT(Appeals) that he has decided the appeal on the basis of documents available on record. The process of judicial adjudication requires Sub-ordinate Appellate Authority to adjudicate the case on merits and come out with a speaking order. In the present case, the Ld. CIT(Appeals) was unable to do so because of the evasive nature of the assessee. However, keeping in mind the principles of natural justice and the very fact, the Income Tax Act is welfare legislation; we are of the considered view that one more final opportunity should be given to the assessee to present his case on merits. Therefore, the assessee is directed to present himself or through his authorised representative before the Ld. CIT(Appeals) immediately on receipt of this order along with relevant/necessary documents to present his case on merits before the Ld. CIT(Appeals) and he shall adjudicate the same by passing a speaking order while complying with the principles of natural justice. In view of the aforesaid directions, we set aside the order of the Ld. CIT(Appeals) and remit the matter back to his file. Any issuance of notice is dispensed with. 4. In the result, appeal of the assessee is allowed for statistical purposes. Order pronounced in the open Court on this 06 th day of May 2022 Sd/- sd/- (R.S. SYAL) (PARTHA SARATHI CHAUDHURY) VICE PRESIDENT JUDICIAL MEMBER Pune; Dated, the 6 th day of May 2022 Ankam 3 ITA No. 1151/PUN/2018 Namdeo T. Khutwad A.Y. 2010-11 Copy of the Order forwarded to : 1. The Appellant. 2. The Respondent. 3. The Pr. CCIT 6, Pune 4. The CIT(A)- 7 Pune 5. D.R. ITAT ‘B’ Bench 5. Guard File BY ORDER, /// TRUE COPY /// Sr. Private Secretary ITAT, Pune. 4 ITA No. 1151/PUN/2018 Namdeo T. Khutwad A.Y. 2010-11 1 Draft dictated on 09-05-2022 Sr.PS/PS 2 Draft placed before author 09-05-2022 Sr.PS/PS 3 Draft proposed and placed before the second Member JM/AM 4 Draft discussed/approved by second Member AM/JM 5 Approved draft comes to the Sr. PS/PS Sr.PS/PS 6 Kept for pronouncement on 06-06-2022 Sr.PS/PS 7 Date of uploading of order 06-06-2022 Sr.PS/PS 8 File sent to Bench Clerk 06-06-2022 Sr.PS/PS 9 Date on which the file goes to the Head Clerk 10 Date on which file goes to the A.R 11 Date of dispatch of order