Suhas Gore, Pune V. Income-tax Officer, Ward - 7(4), Pune

ITA 3076/PUN/2017

• Counselvise Citation: [2018] 119 COUNSELVISE.COM (IT) 2429 (ITAT-PUNE)
• Duration Of Justice: 10 month(s) 17 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 13-11-2018
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: SMC
• Assessment Year: 2011-2012
• Appeal Filed On: 26-12-2017
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Assessee Lawyers: IS ARISING OUT OF PASSED
• Keywords: Opportunity of being heard

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL PUNE BENCH SMC, PUNE BEFORE SHRI R.S. SYAL, VICE PRESIDENT . / ITA NO.3076/PUN/2017 / ASSESSMENT YEAR : 2011-12 MR. SUHAS GORE, F.NO.305, PINNACLE, BROOKSIDE, BAVDHAN KHURD, PUNE PAN : AGNPG7401L VS. ITO, WARD-7(4), PUNE (APPELLANT) (RESPONDENT) / ORDER PER R.S.SYAL, VP : THIS APPEAL BY THE ASSESSEE IS ARISING OUT OF ORDER PASSED BY THE CIT(A)-3, PUNE, ON 29-09-2017 IN RELATION TO THE A. Y. 2011-12. 2. I HAVE HEARD BOTH THE SIDES AND PERUSED THE RELEVAN T MATERIAL ON RECORD. IT IS SEEN THAT THE LD. CIT(A) PASSED THE ORDER EX-PARTE QUA THE ASSESSEE . THE LD. AR SUBMITTED THAT THE LD. FIRST APPELLATE AUTHORITY DID NOT GRANT ADEQUATE OPPORTUNITY APPELLANT BY SHRI KISHOR PHADKE RESPONDENT BY SHRI RAJESH GAWLI DATE OF HEARING 12-11-2018 DATE OF PRONOUNCEMENT 13-11-2018 ITA NO.3076/PUN/2017 MR. SUHAS GORE 2 OF HEARING TO THE ASSESSEE. I AM SATISFIED WITH THE REASON S GIVEN BY THE LD. AR FOR NOT ATTENDING THE APPELLATE PROCEEDINGS. IN VIEW OF THE FOREGOING FACTS, I AM OF THE CONSIDERED OPINION THAT THE ENDS OF JUSTICE WOULD MEET ADEQUATELY IF THE IMPUGNED ORDER IS SET-ASIDE AND THE MATTER IS RESTORED TO THE FILE OF LD. CIT(A). I ORDER ACCORDINGLY AND DIRECT THE LD. CIT(A) TO DECIDE THE APPEAL AFRESH AFTER ALLOWING A REASONABLE OPPORTUNITY OF BEING HEARD TO THE ASSESSEE. IT IS MADE CLEAR THAT IN SUCH FRESH PROCEEDINGS THE ASSESSEE WILL BE AT LIBERTY TO LEAD ANY FRESH EVIDENCE IN SUPP ORT OF HIS CASE, AS DESIRED EXPEDIENT. 3. IN THE RESULT, THE APPEAL IS ALLOWED FOR STATISTICAL PURPOSES. ORDER PRONOUNCED IN THE OPEN COURT ON 13TH NOVEMBER, 2018. SD/- (R.S.SYAL) / VICE PRESIDENT PUNE; DATED : 13 TH NOVEMBER, 2018 ITA NO.3076/PUN/2017 MR. SUHAS GORE 3 / COPY OF THE ORDER IS FORWARDED TO : 1. / THE APPELLANT; 2. / THE RESPONDENT; 3. ( ) / THE CIT (APPEALS)-3, PUNE 4. / THE PR. CIT-2, PUNE 5. , , SMC / DR SMC, ITAT, PUNE; 6. / GUARD FILE. // TRUE COPY / / BY ORDER, // TRUE COPY // SENIOR PRIVATE SECRETARY , / ITAT, PUNE ITA NO.3076/PUN/2017 MR. SUHAS GORE 4 DATE 1. DRAFT DICTATED ON 12-11-18 SR.PS 2. DRAFT PLACED BEFORE AUTHOR 12-11-18 3. DRAFT PROPOSED & PLACED BEFORE THE SECOND MEMBER - 4. DRAFT DISCUSSED/APPROVED BY SECOND MEMBER. - 5. APPROVED DRAFT COMES TO THE SR.PS/PS 12-11-18 6. KEPT FOR PRONOUNCEMENT ON 13-11-18 7. FILE SENT TO THE BENCH CLERK 13-11-18 8. DATE ON WHICH FILE GOES TO THE AR 9. DATE ON WHICH FILE GOES TO THE HEAD CLERK. 10. DATE OF DISPATCH OF ORDER. *