THE MOTIHARI CENTRAL COOPERATIVE BANK LTDOVE BNA,MOTIHARI V. ACIT, CIR-1, MUZAFFARPUR

ITA 557/PAT/2024

AI Insights

The case involves The Motihari Central Co-operative Bank Ltd., which appealed against the order of the Commissioner of Income Tax (Appeals), NFAC, Delhi, concerning the assessment year 2015-16. The appeal was filed due to grievances that the CIT(A) had passed the order ex parte without providing sufficient opportunity for the assessee to be heard. The ITAT, upon hearing the arguments, decided to set aside the CIT(A)'s order and remand the matter back for fresh adjudication, emphasizing the need for a fair hearing. The Tribunal did not object to the assessee's request for a re-hearing, which was supported by the Departmental Representative.

• Counselvise Citation: [2025] 140 COUNSELVISE.COM (IT) 33470 (ITAT-PATNA)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 02-04-2025
• Appeal Filed By: Assessee
• Order Result: Partly Allowed
• Bench Allotted: DB
• Assessment Year: 2015-2016
• Laws Referred To: Income Tax Act, 1961
• Result in Favour of: Partly Allowed
• Court: TRIBUNAL
• Department Lawyers: ASHWANI KR. SINGAL
• Assessee Lawyers: SANJEEV KR. ANWAR
• Keywords: Set aside; Opportunity of being heard
• Section: 250

Judgement Text

"IN THE INCOME TAX APPELLATE TRIBUNAL “PATNA” BENCH VIRTUAL HEARING AT KOLKATA BEFORE SHRI GEORGE MATHAN, JUDICIAL MEMBER AND SHRI RAKESH MISHRA, ACCOUNTANT MEMBER ITA No. 557/PAT/2024 Assessment Year: 2015-16 The Motihari Central Co- operative Bank Ltd. Bank Road, Bhawanipur Zirat, Motihari, Bihar- 845401. (PAN: AAAJT2002M) Vs. ACIT, Circle-1, Muzaffarpur (Appellant) (Respondent) Present for: Appellant by : Shri Sanjeev Kr. Anwar, Advocate Respondent by : Shri Ashwani Kr. Singal, JCIT, DR Date of Hearing : 02.04.2025 Date of Pronouncement : 02.04.2025 O R D E R Per Bench : This is an appeal filed by the assessee against the order of the Ld. Commissioner of Income Tax (Appeals), NFAC, Delhi [hereinafter referred to as “the Ld. CIT(A)”] vide order No. ITBA/NFAC/S/250/2024- 25/1066018198(1) dated 25.06.2024 passed u/s. 250 of the Income Tax Act, 1961 (hereinafter referred to as “the Act”) for AY 2015-16. 2. Shri Sanjeev Kr. Anwar, Advocate appeared on behalf of the assessee and Shri Ashwani Kr. Singal, JCIT, DR appeared on behalf of the revenue. 3. Facts of the case in brief are that the assessee filed its return of income of Rs.1,80,94,393/- on 18.03.2017. In the assessment, Assessing Officer made additions on various counts. On appeal, Ld. CIT(A) confirmed 2 ITA No. 557/Pat/2024 The Motihari Central coop. Bank Ltd. AY: 2015-16 the additions as made by the Assessing Officer. The assessee has filed as many as twelve grounds of appeal but specifically pointed out that the Ld. CIT(A) has passed the order ex parte without providing sufficient opportunity of being heard to the assessee. Hence, the Ld. AR of the assessee prayed before the Bench to set aside the impugned order of the Ld. CIT(A) and restore the issues to his file for adjudicating afresh. In reply, Ld. CIT, DR did not raise any serious objection to this prayer of the assessee. 4. We have heard rival submissions. As it is noticed that the Ld. CIT(A) has dismissed the appeal of the assessee ex parte and by a non-speaking order, however, in the interest of justice and so as to grant the assessee adequate opportunity to substantiate its case, the issues in this appeal are restored to the file of the Ld. CIT(A) for re-adjudication subject to the cost of Rs. 50,000/- (Rupees Fifty thousand) only payable to Bihar State Legal Services within sixty days from the date of this order and receipt of the same would be produced before the Ld. CIT(A) at the first hearing. Should the assessee not pay the abovementioned cost within the prescribed period of sixty days from the date of this order, the order of the Ld. CIT(A) shall stand confirmed. 5. In the result, the appeal of the assessee is partly allowed for statistical purposes. Order dictated and pronounced in the open court. Sd/- Sd/- (Rakesh Mishra) (George Mathan) Accountant Member Judicial Member Dated: 2nd April, 2025 JD, Sr. P.S. 3 ITA No. 557/Pat/2024 The Motihari Central coop. Bank Ltd. AY: 2015-16 Copy to: 1. The Appellant: The Motihari Central Co-operative Bank Ltd. 2. The Respondent. ACIT, Circle-1, Muzaffarpur 3. CIT(A), NFAC, Delhi 4. Pr. CIT 5. DR, ITAT, Patna Bench, Patna 6. Guard file. True Copy By Order Assistant Registrar ITAT, Patna Bench "