Sheetalaya,, Allahabad v. DCIT,, Allahabad

ITA 213/ALLD/2015 | misc
Pronouncement Date: 22-11-2019 | Result: Partly Allowed

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Appeal Details

RSA Number 21320714 RSA 2015
Bench Allahabad
Appeal Number ITA 213/ALLD/2015
Duration Of Justice 4 year(s) 6 month(s) 4 day(s)
Appellant Sheetalaya,, Allahabad
Respondent DCIT,, Allahabad
Appeal Type Income Tax Appeal
Pronouncement Date 22-11-2019
Appeal Filed By Assessee
Order Result Partly Allowed
Bench Allotted DB
Tribunal Order Date 22-11-2019
Last Hearing Date 19-11-2019
First Hearing Date 19-11-2019
Assessment Year misc
Appeal Filed On 18-05-2015
Judgment Text
IN THE INCOME TAX APPELLATE TRIBUNAL ALLAHABAD BENCH ALLAHABAD BEFORE SHRI. A. D. JAIN VICE PRESIDENT AND SHRI T. S. KAPOOR ACCOUNTANT MEMBER ITA NO. 213/ALLD/2015 ASSESSMENT YEAR: 1988 - 89 SHEETALAYA 4 KATRA ROAD ALLAHABAD V. DY. CIT RANGE I ALLAHABAD TAN/PAN: (APPELLANT) (RESPONDENT) APPELLANT BY: SHRI PRAVEEN GODBOLE C.A. RESPONDENT BY: SHRI A. K. SINGH D.R. DATE OF HEARING: 21 11 201 9 DATE OF PRONOUNCEMENT: 22 11 201 9 O R D E R PER A. D. JAIN V.P.: THIS IS ASSESSEES APPEAL AGAINST THE ORDER OF THE LD. CIT(A) ALLAHABAD DATED 23/1/2015 FOR ASSESSMENT YEAR 1988- 89. 2. BY VIRTUE OF THE IMPUGNED ORDER THE LD. CIT(A) HAS DISMISSED THE ASSESSEES APPEAL EX-PARTE QUA THE ASSESSEE. WHILE DISMISSING THE APPEAL OF THE ASSESSEE THE LD. CIT(A) OBSERVED THAT THE ASSESSEE HAS NOT GIVEN ANY DETAILS TO VERIFY ITS CLAIM. THE LD. CIT(A) HAS ALSO NOT MENTIONED IN HIS ORDER WITH REGARD TO THE ISSUANCE/SERVICE OF NOTICE OF HEARING ON THE ASSESSEE TO ENABLE IT TO APPEAR BEFORE THE LD. CIT(A) AND CONTEST ITS CASE. 3. HEARD. WE FIND THAT THE CIT(A) HAS DISMISSED THE APPEAL WITHOUT PROVIDING PROPER OPPORTUNITY TO THE ASSESSEE. MOREOVER HE HAS NOT DECIDED THE APPEAL AFTER DISCUSSING IN DETAIL HIS REASONS FOR AGREEING WITH THE ASSESSMENT ORDER. IN THIS VIEW OF ITA NO.213/ALLD/2015 PAGE 2 OF 2 THE MATTER ANOTHER OPPORTUNITY OF HEARING REQUIRES TO BE GIVEN TO THE ASSESSEE TO REPRESENT HIS CASE FULLY BEFORE THE LD. CIT(A). EVEN OTHERWISE IT IS TRITE [S. VELU PALANDAR VS. DCIT 83 ITR 683 (MAD.) AND MS. SWATI PAWA VS. DY. CIT 175 ITD 622 (DEL)] AND INCUMBENT ON THE LD CIT(A) TO DECIDE AN APPEAL ON MERIT EVEN IN THE ABSENCE OF ANY REPRESENTATION BEFORE THEM. 4. IN VIEW OF THE ABOVE THE MATTER IS REMITTED TO THE FILE OF THE LD. CIT(A) TO BE DECIDED AFRESH ON MERIT IN ACCORDANCE WITH LAW ON AFFORDING DUE AND ADEQUATE OPPORTUNITY OF HEARING TO THE ASSESSEE. THE ASSESSEE NO DOUBT SHALL COOPERATE IN THE FRESH PROCEEDINGS BEFORE THE LD. CIT(A). ALL PLEAS AVAILABLE UNDER THE LAW SHALL REMAIN SO AVAILABLE TO THE ASSESSEE. ORDERED ACCORDINGLY. 5. IN THE RESULT FOR STATISTICAL PURPOSES THE APPEAL IS TREATED AS ALLOWED. ORDER PRONOUNCED IN THE OPEN COURT ON 22/11/2019. SD/ - SD/ - [ T. S. KAPOOR ] [ A. D. JAIN ] ACCOUNTANT MEMBER VICE PRESIDENT DATED:22/11/2019 JJ:2111 COPY FORWARDED TO: 1. APPELLANT 2. RESPONDENT 3. CIT(A) 4. CIT 5. DR BY ORDER ASSISTANT REGISTRAR