Shashank Auto Pvt. Ltd. v. ACIT, Circle-2, Muzffarpur
[Citation -2019-LL-0919-101]

Citation 2019-LL-0919-101
Appellant Name Shashank Auto Pvt. Ltd.
Respondent Name ACIT, Circle-2, Muzffarpur
Court ITAT-Patna
Relevant Act Income-tax
Date of Order 19/09/2019
Assessment Year 2013-14
Judgment View Judgment
Keyword Tags ex-parte order • non-appearance • restoration of appeal
Bot Summary: PAN No. : AAPCS1786D Assessee by : None Revenue by : Shri Supriya Biswas, JCIT-DR Date of Hearing : 18/09/2019 : 19/09/2019 Date of Pronouncement ORDER Per Bench: This is an appeal filed by the assessee against the order of Commissioner of Income Tax, Jamshedpur, dated 28.06.2018 for the assessment years 2013-2014 2014-15. None appeared on behalf of the assessee even the case was called for second round of hearing. We proceeded to dispose off the appeal of the assessee after considering the submissions of ld. Considering the facts and circumstances of the case and in the interest of justice and fair-play, there will be no prejudice to the Revenue if one more opportunity be granted to 2 ITA Nos.308 309/PAT/2018 the assessee to represent its case before the CIT(A). Accordingly, we restore the appeal of the assessee to the file of CIT(A) to pass a speaking and reasoned order considering the findings of AO and the submissions of the assessee, after providing sufficient opportunity of hearing to the assessee. The assessee is also directed to cooperate with the CIT(A) positively for early disposal of the case. In the result, appeal of the assessee is allowed for statistical purposes.


IN INCOME TAX APPELLATE TRIBUNAL PATNA BENCH, PATNA, BEFORE SHRI CHANDRA MOHAN GARG, JM & SHRI L.P.SAHU, AM ITA Nos.308 & 309/PAT/2018 (Assessment Years :2013-14&2014-15) Shashank Auto Pvt. Ltd. Vs. ACIT,Circle-2,Muzffarpur. Muzaffarpur. PAN No. : AAPCS1786D (Appellant) (Respondent) Assessee by : None Revenue by : Shri Supriya Biswas, JCIT-DR Date of Hearing : 18/09/2019 : 19/09/2019 Date of Pronouncement ORDER Per Bench: This is appeal filed by assessee against order of Commissioner of Income Tax (Appeals), Jamshedpur, dated 28.06.2018 for assessment years 2013-2014 & 2014-15. 2. None appeared on behalf of assessee even case was called for second round of hearing. Therefore, we proceeded to dispose off appeal of assessee after considering submissions of ld.DR and material evidence available on record. 3. We have heard submissions of ld. DR and perused entire material placed on record. At outset, we find that ld. CIT(A) has passed impugned order ex-parte. Considering facts and circumstances of case and in interest of justice and fair-play, there will be no prejudice to Revenue if one more opportunity be granted to 2 ITA Nos.308 & 309/PAT/2018 assessee to represent its case before CIT(A). Accordingly, we restore appeal of assessee to file of CIT(A) to pass speaking and reasoned order considering findings of AO and submissions of assessee, after providing sufficient opportunity of hearing to assessee. assessee is also directed to cooperate with CIT(A) positively for early disposal of case. 4. In result, appeal of assessee is allowed for statistical purposes. Order pronounced in open court on 19/09/2019. Sd/- Sd/- (C.M.GARG ) (L.P.SAHU ) JUDICIAL MEMBER ACCOUNTANT MEMBER Patna; Dated 19/09/2019 S.Sinha(PS) Copy of Order forwarded to : 1. Appellant- 2. Respondent- 3. CIT(A), 4. CIT 5. DR, ITAT, Patna 6. Guard file. BY ORDER, True Copy Private Secretary) (ITAT Patna Bench, Patna 3 ITA Nos.308 & 309/PAT/2018 Sr. No. Details Date Initials Designation 1 Draft dictation sheets are attached Dictated on Sr.PS/PS computer 2 Draft dictated on 19.09.19 Sr.PS/PS 3 Draft Placed before author 19.09.19 Sr.PS/PS 4 Draft proposed & placed before Second JM/AM Member 5 Draft discussed/approved by Second Member JM/AM 6 Approved Draft comes to Sr.PS/PS Sr.PS/PS 7 Order pronouncement on Sr.PS/PS 8 File sent to Bench Clerk Sr.PS/PS 9 Date on which file goes to Head clerk 10 Date on which file goes to AR 11 Date of Dispatch of order Shashank Auto Pvt. Ltd. v. ACIT, Circle-2, Muzffarpur
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