Miss Lucy
← All judgments

Sushmitha Southern Housing, Chennai vs Assessee

Income Tax Appellate Tribunal16 April 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

आयकर अपील य अधकरण, 'डी' यायपीठ, चे नईIN THE INCOME TAX APPELLATE TRIBUNAL"D" BENCH, CHENNAIी चं पजू ार , लेखा सद य एवंी च ला नागे "साद, या#यक सद य के सम%BEFORE SHRI CHANDRA POOJARI, ACCOUNTANT MEMBER &SHRI CHALLA NAGENDRA PRASAD, JUDICIAL MEMBERआयकर अपील सं./ I.T.A. No.520/Mds/2015( नधा रण वष / Assessment Year : 2011-2012)M/s. Sushmitha Southern The Assistant Commissioner ofHousing, Vs Income Tax,No.24, A.K.Swamy Nagar South Non-Corporate Circle-10,Street, Chennai-600 034.Kilpauk,Chennai 600 10.[PAN:ABAFS 5353F](अपीलाथ'/Appellant) ("(यथ'/Respondent)

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