Sushmitha Southern Housing, Chennai vs Assessee
- CitationI.T.A. No.520/Mds/2015
Ratio decidendi
The rule this decision rests on
The Tribunal held that where the first appellate authority has dismissed an appeal ex parte, without the assessee participating in the appellate proceedings, the appellate authority should be given one more opportunity to present its case, and the matter is accordingly remitted to the Commissioner of Income Tax (Appeals) for fresh decision after affording that opportunity.
Written by Miss Lucy from the judgment below, not taken from a headnote.
Judgment
As delivered
अपीलाथ क ओर से / Appellant by : Shri. G. Baskar, Advocate यथ क ओर से / Respondent by : Shri. N. Madhavan, IRS, JCIT.
सन ु वाई क तार ख/Date of hearing : 16.04.2015 घोषणा क तार ख /Date of Pronouncement : 16.04.2015
आदे श / O R D E R
PER CHANDRA POOJARI, ACCOUNTANT MEMBER
This appeal filed by the assessee is directed against the order of
the Commissioner of Income Tax (Appeals)-12, Chennai, dated
13.02.2015 for the assessment year 2011-12.
:- 2 -: I.T.A.No.520/Mds/2015
2. The primary grievance of the assessee in this appeal is that the
Commissioner of Income Tax (Appeals) dismissed the appeal of the
assessee in haste without giving adequate opportunity of hearing to
the assessee.
3. After hearing both the parties, we are of the opinion that this
appeal was dismissed ex-parte without participation of the assessee in
the appellate proceedings. In our opinion, it is appropriate to give one
more opportunity to the assessee to present its case before the
Commissioner of Income Tax (Appeals).
4. Accordingly, we remit the entire issue back to the file of the
Commissioner of Income Tax (Appeals) to give one more opportunity
to the assessee and decide thereupon.
5. In the result, the appeal of the assessee is partly allowed for
statistical purposes.
Order pronounced in the open court at the time of hearing on Thursday, the 16th day of April, 2015 at Chennai
Sd/- Sd/-
(च ला नागे "साद ) (चं पज ू ार ) (CHALLA NAGENDRA PRASAD) (CHANDRA POOJARI) या#यक सद य/ JUDICIAL MEMBER लेखा सद य/ ACCOUNTANT MEMBER चे"नई/Chennai. #दनांक/Dated:16.04.2015. KV
आदे श क त&ल'प अ(े'षत/Copy to: 1. अपीलाथ /Appellant 2. यथ / Respondent 3. आयकर आय* ु त (अपील)/CIT(A) 4. आयकर आय* ु त/CIT 5. 'वभागीय त न-ध/DR 6. गाड फाईल/GF. :- 3 -: I.T.A.No.520/Mds/2015
This page reproduces a public judgment and a summary of it. It is research material, not legal advice, and it is no substitute for advice from an advocate on your own facts.
Research this judgment with Miss Lucy
Ask what it holds, what has followed it, and what it means for your matter — in plain English, with the citations.
Try Miss Lucy free