Santosh, New Delhi V. ACIT, Circle-44(1), New Delhi

ITA 1373/DEL/2022

• Counselvise Citation: [2022] 106 COUNSELVISE.COM (IT) 3465 (ITAT-DELHI)
• Duration Of Justice: 2 month(s) 17 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 24-08-2022
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: SMC
• Assessment Year: 2011-2012
• Appeal Filed On: 06-06-2022
• Result in Favour of: Matter Remanded
• Court: TRIBUNAL
• Assessee Lawyers: RATTAN SINGH YADAV
• Keywords: Opportunity of being heard; Set aside
• Section: 147; 144

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL, DELHI BENCH: ‘SMC’ NEW DELHI BEFORE SHRI SAKTIJIT DEY, JUDICIAL MEMBER ITA No.1373/Del/2022 Assessment Year: 2011-12 Sh. Santosh, Flat No. G 203, Plot No. 36, Rajasthan Apartment, Dwarka, New Delhi Vs. ACIT, Circle-44(1), New Delhi PAN :BHNPS5753D (Appellant) (Respondent) ORDER This is an appeal by the assessee against order dated 07.06.2019 of learned Commissioner of Income Tax (Appeals)-15, New Delhi, for the assessment year 2011-12. 2. I have heard Sh. Rattan Singh Yadav, learned counsel appearing for the assessee and Sh. Om Prakash, learned Departmental Representative. 3. The primary grievance of the assessee is against ex parte completion of assessment as well as first appellate proceedings. It Appellant by Sh. Rattan Singh Yadav, CA Respondent by Sh. Om Parkash, Sr. DR Date of hearing 04.08.2022 Date of pronouncement 25.08.2022 ITA No. 1373/Del/2022 AY: 2011-12 2 | P a g e is the contention of learned counsel for the assessee that the assesse is a senior citizen staying in Australia, therefore, the notices issued by the Assessing Officer as well as learned Commissioner (Appeals) could not be received by the assessee. However, he submitted, given an opportunity, the assessee undertakes to appear before the Assessing Officer and represent her case. 4. Learned Departmental Representative submitted, since, the proceedings before the departmental authorities were concluded ex-parte, the assessee can be given an opportunity to represent her case. 5. Having considered rival submissions, I find, the assessment in case of the assessee was completed ex-parte under section 144 read with section 147 of the Act, since, the notices issued returned back unserved with the postal remarks “no such person”. The position remained same before the first appellate authority. However, considering the fact that the assessee stays abroad, which could have prevented her from making compliance before the departmental authorities, and keeping in view the submission of learned counsel for the assessee that the assessee undertakes to represent her case before the Assessing Officer, I am inclined to ITA No. 1373/Del/2022 AY: 2011-12 3 | P a g e set aside the impugned order of learned Commissioner (Appeals) and restore the issues to the file of the Assessing Officer for fresh adjudication, after due opportunity of being heard to the assessee. The assessee is also directed to cooperate in finalization of the assessment proceeding. Grounds are allowed for statistical purposes. 6. In the result, the appeal is allowed for statistical purposes. Order pronounced in the open court on 25 th August, 2022 Sd/- (SAKTIJIT DEY) JUDICIAL MEMBER Dated: 25 th August, 2022. RK/- Copy forwarded to: 1. Appellant 2. Respondent 3. CIT 4. CIT(A) 5. DR Asst. Registrar, ITAT, New Delhi