VINODRAY GOVINDJIBHAI KANABAR,JAMNAGAR V. THE ITO WARD-1 (3), JAMNAGAR

ITA 146/RJT/2025

AI Insights

The case involves Vinodrai Govindbhai Kanabar, the appellant, who faced an assessment order under section 144 of the Income Tax Act, 1961, for the Assessment Year 2017-18. The initial order was passed by the Assessing Officer on 11.12.2019 and was later upheld by the CIT(A) on 30.12.2024. The appellant's counsel argued that due to the appellant's health issues and subsequent death, the legal heirs were unaware of the notice and the procedures under the Income Tax Act. Both parties agreed that the matter should be remitted back to the Assessing Officer for fresh adjudication.

• Counselvise Citation: [2025] 140 COUNSELVISE.COM (IT) 312524 (ITAT-RAJKOT)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 28-04-2025
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: DB
• Assessment Year: 2017-2018
• Laws Referred To: Income Tax Act, 1961
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: ABHIMANYU SINGH YADAV; LD.
• Assessee Lawyers: DARSHIT RANPARA; LD
• Keywords: Set aside; Opportunity of being heard; Principle of natural justice
• Section: 144

Judgement Text

" IN THE INCOME TAX APPELLATE TRIBUNAL, RAJKOT BENCH, RAJKOT BEFORE DR. ARJUN LAL SAINI, ACCOUNTANT MEMBER And SHRI DINESH MOHAN SINHA, JUDICIAL MEMBER आयकरअपीलसं./ITA No.146/RJT/2025 Assessment Year: (2017-18) (Virtual Hearing) Vinodrai Govindbhai Kanabar 501, Abhinav Residency, Panchvati Gaushala Road, Panchvati Jamnagar- 361008 Vs. The ITO, WD – 1(3), Taranjali Building, Income Tax Office, Nr. Amber Cinema, Hospital Road, Jamnagar – 361008 थायीलेखासं./जीआइआरसं./PAN/GIR No.: AZGPK8450M (Appellant) (Respondent) Appellant by Shri Darshit Ranpara, Ld. AR Respondent by Shri Abhimanyu Singh Yadav, Ld. Sr. DR Date of Hearing 28/04/2025 Date of Pronouncement 28/04/2025 आदेश / O R D E R PER DR. A. L. SAINI, AM: Captioned appeal filed by the assessee, pertaining to Assessment Year (AY) 2017-18, is directed against the order passed by the Learned Commissioner of Income Tax(Appeals), [in short “the ld. CIT(A)”], National Faceless Appeal Centre (in short ‘the NFAC’), Delhi, dated 30.12.2024,which in turn arises out of an assessment Page | 2 ITA 146-Rjt-25 (AY 2017-18) Vindorai Govindbhai Kanabar v. ITO order passed by Assessing Officer u/s 144 of the Income Tax Act, 1961 (hereinafter referred to as “the Act”), dated 11.12.2019. 2. At the outset itself, Learned Counsel for the assessee submitted that assessee could not comply with the notice because assessee has health issues, thereafter the assessee died on 07.06.2019, and assessee’s legal heirs were not aware about the notice and the procedure under the Income Tax Act. Therefore the Ld. Counsel prayed the Bench that the matter may be remitted back to the file of Assessing Officer for fresh adjudication, as the assessee wants to submit fresh documents to prove his claim. 3. On the other hand, Learned Departmental Representative (ld. DR) for the Revenue did not have any objection if the matter is remitted back to the file of Assessing Officer for fresh adjudication. 4. We have heard both the parties and carefully gone through the submissions put forth on behalf of the assessee along with the documents furnished and the case laws relied upon, and perused the facts of the case including the findings of the ld. CIT(A) and other material brought on record. We note that assessee could not plead his case successfully before the ld. CIT(A). We also note that Ld. CIT(A) has not passed the order as per the mandate of provisions of section 250(6) of the Act. Hence, we are of the view that one more opportunity should be given to the assessee to plead his case before the Assessing Officer. We note that it is settled law that principles of natural justice and fair play require that the affected party is granted sufficient opportunity of being heard to contest his case. Therefore, without delving much deeper into the merits of the case, in the interest Page | 3 ITA 146-Rjt-25 (AY 2017-18) Vindorai Govindbhai Kanabar v. ITO of justice, we restore the matter back to the file of Assessing Officer for de novo adjudication and pass a speaking order after affording sufficient opportunity of being heard to the assessee, who in turn, is also directed to contest his stand forthwith. Therefore, we deem it fit and proper to set aside the order of the ld. CIT(A) and remit the matter back to the file of the Assessing Officer to adjudicate the issue afresh on merits. For statistical purposes, the appeal of the assessee is treated as allowed. 5. In the result, appeal filed by the assessee is allowed for statistical purposes. Order is pronounced on 28/04/2025 in the open court. Sd/- Sd/- (DINESH MOHAN SINHA) (Dr. A.L. SAINI) JUDICIAL MEMBER ACCOUNTANT MEMBER Rajkot \u0001दनांक/ Date: 28 /04/2025 Copy of the Order forwarded to 1. The Assessee 2. The Respondent 3. The CIT(A) 4. CIT 5. DR/AR, ITAT, Rajkot 6. Guard File By Order Assistant Registrar/Sr. PS/PS ITAT, Rajkot Page | 4 ITA 146-Rjt-25 (AY 2017-18) Vindorai Govindbhai Kanabar v. ITO "