M/s Nimbus Foods Ltd., Indore V. ACIT-3(1), Indore, Indore

ITA 29/Ind/2022

• Counselvise Citation: [2022] 106 COUNSELVISE.COM (IT) 8556 (ITAT-INDORE)
• Duration Of Justice: 5 month(s) 19 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 09-08-2022
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: DB
• Assessment Year: 2014-2015
• Appeal Filed On: 21-02-2022
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Section: 2; 15; 143(3); 13

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL INDORE BENCH, INDORE (CONDUCTED THROUGH VIRTUAL COURT) BEFORE Ms. MADHUMITA ROY, JUDICIAL MEMBER & SHRI BHAGIRATH MAL BIYANI, ACCOUNTANT MEMBER I .T .A . N o .2 9 / I n d /2 0 2 2 ( A s se ss m e n t Y e a r : 2 0 1 4 - 1 5 ) M / s. N i m b u s Fo o d s L t d . 2 n d Fl o o r , A k a n s h a T r a d e C e n tr e , O p p . O m in i Pa la c e , So u t h T u k o g a n j, I n d o r e V s.A C I T - 3 ( 1 ) , I n d o r e PA N N o .A A C C N 3 8 8 0 G (Appellant) .. (Respondent) Appellant by : Shri C.P. Rawka, CA Respondent by : Shri P. K. Singi, Addl. CIT-DR D a t e o f H e a r i ng 26.07.2022 D a t e o f P r o no un c e m e nt 10 .08.2022 O R D E R PER Ms. MADHUMITA ROY - JM: The instant appeal filed by the assessee is directed against the order dated 18.02.2020 passed by the Ld. CIT(A)-1, Indore whereby and whereunder the assessment order dated 30.11.2016 passed by the ACIT-3(1), Indore under Section 143(3) of the Act, 1961 (hereinafter referred to as “the Act”) for A.Y. 2014-15 has been confirmed. 2. We have heard the rival submissions made by the respective parties, and we have also perused the relevant materials available on record. 3. It appears that before the First Appellate Authority though the matter was fixed on several occasions almost 13 none appeared on behalf of the assessee. Only in few occasions the assessee filed adjournment application of the matter. Having no other alternative the Ld. CIT(A) dismissed the appeal confirming the order passed by the Ld. AO. ITA No.29/Ind/2022 M/s. Nimbus Foods Ltd. vs. ACIT Asst.Year –2014-15 - 2 – It is a fact that the order was passed by the Ld. CIT(A) ex-parte but it is also a fact that to be considered that the assessee has not been able to appear before the Ld. CIT(A) to represent his case for some reason or the other and the order passed by the Ld. AO stood confirmed. However, since the issue has been finally decided by the Ld. CIT(A) ex-parte when the assessee has not been able to represent his case properly, for the ends of justice, in our considered opinion a further opportunity of being heard to be given to the assessee for proper adjudication of the matter on merit. Hence, we set-aside the issue to the file of the Ld. CIT(A) with the direction upon him to consider the matter afresh and to pass a reasoned order upon affording an opportunity of being heard to the assessee and upon considering the relevant materials and/or evidences which the assessee may choose to file at the time of hearing of the matter. We also make it clear that the assessee would not ask for any unnecessary adjournment and would cooperate with best of his effort with the authorities below during the course of hearing of the matter. Hence, the appeal preferred by the assessee is allowed for statistical purposes. 4. In the result, the appeal filed by the assessee is allowed for statistical purposes. This Order pronounced in Open Court on 10/08/2022 Sd/- Sd/- (BHAGIRATH MAL BIYANI) (MADHUMITA ROY) ACCOUNTANT MEMBER JUDICIAL MEMBER Ahmedabad; Dated 10/08/2022 O r d e r p r o n o u n c e d o n 1 0/ 08/ 2 0 2 2 b y p l a c i n g t h e r e s u l t o n t h e N o t i c e B o a r d a s p e r R u l e 3 4 ( 4 ) o f t h e In c o m e T a x ( A p p e l l a t e T r i b u n a l ) R u l e , 1 9 6 3 . ITA No.29/Ind/2022 M/s. Nimbus Foods Ltd. vs. ACIT Asst.Year –2014-15 - 3 – 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, Indore 6. गाड' फाईल / Guard file. आदेशान ु सार/ BY ORDER, (Dy./Asstt.Registrar) ITAT, Indore 1. Date of dictation 01.08.2022 2. Date on which the typed draft is placed before the Dictating Member 02.08.2022 3. Other Member..................... 4. Date on which the approved draft comes to the Sr.P.S./P.S .08.2022 5. Date on which the fair order is placed before the Dictating Member for pronouncement .08.2022 6. Date on which the fair order comes back to the Sr.P.S./P.S .08.2022 7. Date on which the file goes to the Bench Clerk .08.2022 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..........................................