Appeal details
Counselvise Citation
[2021] 104 COUNSELVISE.COM (IT) 6390 (ITAT-CHENNAI)
Assessee PAN
Bench
Appeal Number
Duration Of Justice
1 year(s) 6 month(s) 17 day(s)
Appellant
Respondent
Appeal Type
Income Tax Appeal
Pronouncement Date
14-12-2021
Appeal Filed By
Assessee
Order Result
Allowed
Bench Allotted
C
Assessment Year
2008-2009
Appeal Filed On
27-05-2020
Judgement Text
आयकर अपीलीय अिधकरण, ’सी’ ायपीठ, चे ई। IN THE INCOME TAX APPELLATE TRIBUNAL ‘C’ BENCH: CHENNAI ी वी दुगा राव, ाियक सद एवं ी मनोज कु मार अ$वाल, लेखा सद के सम& BEFORE SHRI V. DURGA RAO, JUDICIAL MEMBER AND SHRI MANOJ KUMAR AGGARWAL, ACCOUNTANT MEMBER आयकर अपील सं./ITA No.607/Chny/2020 िनधा रण वष /Assessment Year: 2008-09 Late C. Rajendran, Rep. by L/H Smt. R.Sebasthiammal, No.34, Ganesapuram, K. Pudur, Madurai-625 007. [PAN: ABOPR 4162R] Vs. The Income Tax Officer, Non Corporate Ward-3(2), Madurai. (अपीलाथ /Appellant) ( यथ /Respondent) अपीलाथ) की ओर से/ Appellant by : Mr. G. Baskar, Advocate +,थ) की ओर से /Respondent by : Mr. G. Johnson, Addl. CIT सुनवाई की तारीख/Date of Hearing : 06.12.2021 घोषणा की तारीख /Date of Pronouncement : 15.12.2021 आदेश / O R D E R PER V. DURGA RAO, JUDICIAL MEMBER : This appeal filed by the assessee is directed against the order of the learned Commissioner of Income Tax (Appeals)-1, Madurai in I.T.A No.0084/2016-17 dated 25.02.2020 relevant to the Assessment Year 2008-09. I.T.A No.607/Chny/2020 :- 2 -: 2. When this appeal was taken up for hearing, the learned counsel for the assessee has submitted that assessee could not appear before the Ld. CIT(A) and also not able to file relevant details as the circumstances were beyond his control. He further prayed that all the details are available with the assessee hence, one more opportunity may be given to the assessee to substantiate his case before the Ld. CIT(A). 3. On the other hand, the learned Departmental Representative has strongly supported the orders of the authorities below. 4. We have heard both the sides, perused the materials available on record and gone through the orders of the authorities below. 5. We find that the Ld. CIT(A) has passed an ex-parte order by observing that the assessee has not filed any documentary evidence to substantiate his case. By considering the submissions of the assessee, in the interest of justice and also by following the principles of natural justice, we are of the opinion that one more opportunity should be given to the assessee to substantiate his case before the Ld. CIT(A). Accordingly, the order passed by the Ld. CIT(A) is set aside and remit the matter back to the file of the Ld. CIT(A) to adjudicate this appeal denovo in accordance with law, after giving reasonable opportunity to I.T.A No.607/Chny/2020 :- 3 -: the assessee. We also direct the assessee to appear before the Ld. CIT(A) on the date of hearing without fail. In view of the above, the appeal filed by the assessee is allowed for statistical purposes. 6. In the result, the appeal of the assessee is allowed for statistical purposes. Order pronounced on 15 th December, 2021 in Chennai. Sd/- Sd/- (मनोज कु मार अ$वाल) (MANOJ KUMAR AGGARWAL) लेखा सद /ACCOUNTANT MEMBER (वी दुगा राव) (V. DURGA RAO) ाियक सद /JUDICIAL MEMBER चे ई/Chennai, दनांक/Dated: 15 th December, 2021. EDN/- आदेश क ितिलिप अ ेिषत/Copy to: 1. अपीलाथ /Appellant 2. यथ /Respondent 3. आयकर आयु (अपील)/CIT(A) 4. आयकर आयु /CIT 5. िवभागीय ितिनिध/DR 6. गाड फाईल/GF
