Ashok Kumar Yadav v. ITO, Ward-1, Dharbhanga
[Citation -2019-LL-0919-83]

Citation 2019-LL-0919-83
Appellant Name Ashok Kumar Yadav
Respondent Name ITO, Ward-1, Dharbhanga
Court ITAT-Patna
Relevant Act Income-tax
Date of Order 19/09/2019
Assessment Year 2001-02
Judgment View Judgment
Keyword Tags ex-parte order • opportunity of being heard • restoration of appeal
Bot Summary: PAN No. :AAZPY9244R Assessee by Shri K.N. Prasad, AR Revenue by Shri Supriya Biswas, DR Date of Hearing 18/09/2019 19/09/2019 Date of Pronouncement ORDER Per Bench: This appeal is filed by the assessee assailing the order of Commissioner of Income Tax,Patna, dated 07.06.2019 for the assessment year 2001-02. AR prayed for an opportunity to represent its case before the CIT(A). Ld. AR 2 ITA No. 215/PAT/2019 before the Bench submitted that the assessee may be provided one more opportunity to substantiate its claim before the CIT(A). 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 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) in 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 AND SHRI L.P. SAHU, AM ITA No.215/PAT/2019 (Assessment Year 2001-2002) Ashok Kumar Yadav, Vs. ITO, W ard-1,Dharbhanga. Madhubani. PAN No. :AAZPY9244R (Appellant) (Respondent) Assessee by Shri K.N. Prasad, AR Revenue by Shri Supriya Biswas, DR Date of Hearing 18/09/2019 19/09/2019 Date of Pronouncement ORDER Per Bench: This appeal is filed by assessee assailing order of Commissioner of Income Tax (Appeals),Patna, dated 07.06.2019 for assessment year 2001-02. 2. At outset, ld. AR submitted that CIT(A) has passed ex- parte order without providing any opportunity of hearing. Therefore, ld. AR prayed for opportunity to represent its case before CIT(A). 3. On other hand, ld. DR relied on orders of lower authorities. 4. We have heard rival submissions of both parties and perused relevant material placed in record of Tribunal. We find that ld. CIT(A) has passed impugned order ex-parte. Ld. AR 2 ITA No. 215/PAT/2019 before Bench submitted that assessee may be provided one more opportunity to substantiate its claim before CIT(A). 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 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) in early disposal of case. 5. 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 9/2019 S.sinha(P.S) Copy of Order forwarded to 1. Appellant- 2. Respondent- 3. CIT(A), 4. CIT 5. DR, ITAT, Patna 6. Guard file. BY ORDER, (Senior Private Secretary) ITAT Patna Bench, Patna Ashok Kumar Yadav v. ITO, Ward-1, Dharbhanga
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