Shri Pravinbhai Harilal Shah, Vadodara V. The ITO, Ward-3(1)(3), Vadodara

ITA 1822/AHD/2019

• Counselvise Citation: [2022] 105 COUNSELVISE.COM (IT) 5765 (ITAT-AHMEDABAD)
• Duration Of Justice: 2 year(s) 3 month(s) 24 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 29-03-2022
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: A
• Assessment Year: 2015-2016
• Appeal Filed On: 05-12-2019
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: S.S. SHUKLA
• Section: 143(3); 20

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL “A” BENCH, AHMEDABAD [CONDUCTED THROUGH VIRTUAL AT AHMEDABAD] BEFORE SHRI PRAMOD M. JAGTAP, VICE PRESIDENT & Ms. MADHUMITA ROY, JUDICIAL MEMBER I .T .A . N o s . 1 8 0 4 & 1 82 2/ A h d/2 01 9 ( A s s e s s me nt Y ea r : 20 1 5- 16 ) Sh r i Pr a v in b h ai H a ril a l S ha h Sh r i Pr a v in c h a n dr a Ha r il al S h a h A- 4 , Ma h a v i r P a r k So cie t y, N r . Na l an da T an k , Wa g ho d ia R oa d, Va do dar a - 39 0 0 19 V s . I T O War d - 3 ( 1) ( 3 ) , V a do da r a [ P AN N o. A Q AP S 4 53 6K ] (Appellant) .. (Respondent) Assessee by : None Revenue by : Shri S. S. Shukla, Sr. DR D a t e of H ea r i ng 28.03.2022 D a t e of P r o no u n ce me nt 30.03.2022 O R D E R PER MADHUMITA ROY, JM: Both the appeals filed by the assessee are directed against the orders all dated 20.09.2019 passed by the Commissioner of Income Tax (Appeals)-3, Vadodara arising out of the order all dated 12.12.2017 passed by the ITO, Ward-3(1)(3), Baroda under Section 143(3) of the Income Tax Act, 1961 (hereinafter referred to as “the Act”) for A.Y. 2015-16. ITA No. 1804/Ahd/2019(A.Y.2015-16):- 2. It appears that none appears on behalf of the assessee at the time of hearing of the matter. It also appears that none appeared on behalf of the assessee before the Ld. CIT(A) during the course of appellate proceeding ITA Nos. 1804&1822/Ahd/2019 Shri Pravinbhai Harilal Shah vs. ITO Asst.Year –2015-16 - 2 - though on a number of occasions the matter was fixed for hearing. Finally for want of prosecution the Ld. CIT(A) dismissed the appeal relying on the judgment passed in the matter of CIT vs. Multiplan India Pvt. Ltd., reported in (1991) 38 ITD 320 (Del). Hence, the instant appeal before us. 3. Admittedly, this appeal is against an ex-parte order passed by the Ld. CIT(A). It is also a fact that number of occasions none appeared on behalf of the assessee before the First Appellate Authority. However, in terms of the statutory provision under Section 250(6) of the Act the Ld. CIT(A) is to dispose of the appeal on merit with a reasoned order which is absent in the instant case before us. Hence, we set-aside the issue to the file of the Ld. CIT(A) to consider the issue afresh upon giving an opportunity of being heard to the assessee and upon considering the evidence on record or any other evidence which the assessee may choose to file at the time of hearing of the matter and to dispose of the appeal with a reasoned order. We make it clear that the assessee would also not ask for any unnecessary adjournment and would cooperate with the Ld. CIT(A) in adjudicating the matter. Hence, assessee’s appeal is disposed of with statistical purposes. ITA No. 1822/Ahd/2019(A.Y.2015-16):- 4. There is a delay of two days in preferring the appeal before us by the assessee. However, keeping in view the principle of fair play the delay is condoned. ITA Nos. 1804&1822/Ahd/2019 Shri Pravinbhai Harilal Shah vs. ITO Asst.Year –2015-16 - 3 - 5. The identical issue involved in the case has already been dealt with by us in ITA No. 1804/Ahd/2019 for A.Y. 2015-16 and in the absence of any changed circumstances the same shall apply mutatis mutandis. Hence, the appeal preferred by the assessee is allowed for statistical purposes. 6. In the combined result, both the appeals preferred by the assessee are allowed for statistical purposes. This Order pronounced in Open Court on 30/03/2022 Sd/- Sd/- (PRAMOD M. JAGTAP) (Ms. MADHUMITA ROY) VICE PRESIDENT JUDICIAL MEMBER Ahmedabad; Dated 30/03/2022 TANMAY, Sr. PS TRUE COPY आदेश क त ल प अ े षत/Copy of the Order forwarded to : 1. अपीलाथ / The Appellant 2. यथ / The Respondent. 3. संबं धत आयकर आय ु त / Concerned CIT 4. आयकर आय ु त(अपील) / The CIT(A)- 5. वभागीय त न ध, आयकर अपील!य अ धकरण, अहमदाबाद / DR, ITAT, Ahmedabad 6. गाड' फाईल / Guard file. आदेशान ु सार/ BY ORDER, उप/सहायक पंजीकार (Dy./Asstt. Registrar) आयकर अपील य अ धकरण, अहमदाबाद / ITAT, Ahmedabad 1. Date of dictation 28.03.2022 2. Date on which the typed draft is placed before the Dictating Member 28.03.2022 3. Other Member..................... 4. Date on which the approved draft comes to the Sr.P.S./P.S .03.2022 5. Date on which the fair order is placed before the Dictating Member for pronouncement .03.2022 6. Date on which the fair order comes back to the Sr.P.S./P.S 3.03.2022 7. Date on which the file goes to the Bench Clerk 3.03.2022 8. Date on which the file goes to the Head Clerk.......................................... 9. The date on which the file goes to the Assistant Registrar for signature on the order.......................... 10. Date of Despatch of the Order..........................................