Serva Shiksha Abhiyan, Latur V. Joint Commissioner of Income-tax, TDS-Range ,Nashik, Nashik

ITA 18/PUN/2019

• Counselvise Citation: [2022] 106 COUNSELVISE.COM (IT) 8383 (ITAT-PUNE)
• Duration Of Justice: 3 year(s) 7 month(s) 4 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 10-08-2022
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: B
• Assessment Year: 2011-2012
• Appeal Filed On: 06-01-2019
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Keywords: Principle of natural justice; TDS

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. 18/PUN/2019 : A.Y. 2011-12 Serva Shiksha Abhiyan 2 nd floor, Zilla Parisha Building, Barshi Road, Shivaji Chowk, Latur – 413 512. PAN: AEBPS 7637 E Appellant Vs. The Jt. Commissioner of Income-tax, TDS Range, Nashik Respondent Appellant by : None Respondent by : Shri M.G. Jasnani Date of Hearing : 08-08-2022 Date of Pronouncement : 11-08-2022 ORDER PER PARTHA SARATHI CHAUDHURY, JUDICIAL MEMBER This appeal preferred by the assessee emanates from order of the ld. Commissioner of Income Tax (Appeals)-1, Aurangabad dated 19-12-2017 for A.Y. 2011-12 as per the grounds of appeal on record. 2. Despite service of notice, none appeared on behalf of the assessee nor is any application for adjournment filed by the assessee. 3. We have heard Ld. DR 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 2 of the CIT(Appeals)’s order, it is seen that neither the assessee nor its authorities representative appeared. However, written submissions were filed by the assessee. In the ITNS-51, even the A.O did not express his desire to be present at the time of hearing. 4. That further it is evident from Paras 3 to 5 of the order of the Ld. CIT(Appeals) that he has decided the appeal on the basis of documents and material available on record. The process of judicial adjudication requires Sub- 2 ITA No.18/PUN/2019 Serva Shiksha abhiyan A.Y. 2011-12 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 final opportunity should be given to the assessee to represent its case on merits. Therefore, the assessee is directed to present itself or through its authorised representative before the Ld. CIT(Appeals) immediately on receipt of this order along with relevant/ necessary documents to present its 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. 5. In the result, appeal of the assessee is allowed for statistical purposes. Order pronounced in the open Court on this 11 th day of August, 2022 Sd/- sd/- (R.S. SYAL) (PARTHA SARATHI CHAUDHURY) VICE PRESIDENT JUDICIAL MEMBER Pune; Dated, the 11 th August, 2022 Ankam Copy of the Order forwarded to : 1. The Appellant. 2. The Respondent. 3. The CCIT Nasik 4. The CIT(A)-1 Aurangabad 5. D.R. ITAT ‘B’ Bench 5. Guard File BY ORDER, Sr. Private Secretary ITAT, Pune. 3 ITA No.18/PUN/2019 Serva Shiksha abhiyan A.Y. 2011-12 1 Draft dictated on 08-08-2022 Sr.PS/PS 2 Draft placed before author 10-08-2022 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 11-08-2022 Sr.PS/PS 7 Date of uploading of order 11-08-2022 Sr.PS/PS 8 File sent to Bench Clerk 11-8-2022 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