2013 (5) TMI 226 - AT - Income Tax

Additions/ disallowances - case selected for scrutiny and AO framed the assessment u/s 144 - Held that - It is an admitted fact that the AO framed the assessment ex-parte u/s 144 and the CIT(A) also decided the appeal of the assessee ex-parte. Therefore, opportunity of being heard was neither given by AO nor by CIT(A). It is well settled that nobody should be condemned unheard as per maxim Audi Alteram Partem - remand this case back to the file of the AO to be adjudicated afresh in accordance with law after providing due and reasonable opportunity of being heard to the assessee and also direct the assessee to cooperate and not to seek any unreasonable or unwarranted adjournment - appeal of the assessee allowed for statistical purposes.

Issues Involved:
1. Appeal against order of ld. CIT(A) for assessment year 2004-05.
2. Non-consideration of adjournment filed by assessee.
3. Confirmation of various additions made by Assessing Officer.
4. Opportunity of being heard not provided to assessee by lower authorities.
5. Request for remand of case back to Assessing Officer for fresh adjudication.
6. Directions for cooperation and avoidance of unreasonable adjournments.

Analysis:

Issue 1: Appeal against order of ld. CIT(A) for assessment year 2004-05
The assessee filed an appeal against the order dated 06-12-2010 of ld. CIT(A), Ajmer for the assessment year 2004-05, raising multiple grounds challenging the additions made by the Assessing Officer. The appeal was based on errors in law, facts, and circumstances of the case, seeking deletion of various additions.

Issue 2: Non-consideration of adjournment filed by assessee
The assessee contended that the ld. CIT(A) did not consider the adjournment filed and decided the appeal ex-parte without assessing the merits of the case. This lack of consideration of adjournment requests led to the confirmation of all additions made by the Assessing Officer, highlighting a procedural error in the decision-making process.

Issue 3: Confirmation of various additions made by Assessing Officer
The ld. CIT(A) confirmed multiple additions made by the Assessing Officer, including trading addition, disallowances related to gratuity payment, bonus expenses, PF expenses, sales commission expenses, interest expenses, salaries, other expenses, selling expenses, and interests under sections 234 A and 234 B of the Income Tax Act, 1961. The assessee challenged these additions, arguing for their deletion.

Issue 4: Opportunity of being heard not provided to assessee by lower authorities
Both the Assessing Officer and the ld. CIT(A) failed to provide the assessee with a reasonable opportunity of being heard before making their respective decisions. The absence of this fundamental right to be heard before adverse decisions were made necessitated a reevaluation of the case to ensure due process and adherence to the principle of 'Audi Alteram Partem.'

Issue 5: Request for remand of case back to Assessing Officer for fresh adjudication
Considering the lack of opportunity for the assessee to present their case and the ex-parte nature of the assessments, the Tribunal decided to remand the case back to the Assessing Officer for fresh adjudication. This remand was deemed necessary to uphold the principles of natural justice and provide the assessee with a fair chance to present their arguments and evidence.

Issue 6: Directions for cooperation and avoidance of unreasonable adjournments
In remanding the case, the Tribunal directed the assessee to cooperate and refrain from seeking unreasonable adjournments during the fresh adjudication process by the Assessing Officer. This directive aimed to ensure a smooth and efficient reevaluation of the case without unnecessary delays.

In conclusion, the Tribunal allowed the appeal of the assessee for statistical purposes, emphasizing the importance of providing a fair hearing and following due process in tax assessments and appeals. The decision highlighted the significance of procedural fairness and the right to be heard in tax proceedings.

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