2014 (1) TMI 1293 - AT - Income Tax

Opportunity of being heard - Profits computed on presumptive basis Held that - The CIT(A) decided the appeal of the assessee holding that sufficient time has been given to the assessee to present his submissions/evidences it would be appropriate to decide the grounds raised by the assessee being conscious of the fact that the assessee should not suffer on account of the actions of the AR of the assessee Relying upon M/s Godawari Housing Pvt. Ltd. Vs ACIT 2014 (1) TMI 1054 - ITAT DELHI - it would be proper to remit the issue back to the CIT(A) for fresh adjudication after giving the the assessee a reasonable opportunity of being heard Decided in favour of Assessee.

Summary

Issues involved:
- Adjournment application rejection
- Violation of natural justice in passing order
- Estimation of income under section 145 of the Income Tax Act

Adjournment application rejection:
The appellant filed an appeal against the order of CIT(A) pertaining to the 2006-07 assessment year. The appellant requested adjournments multiple times due to various reasons such as time constraints and health issues of the counsel. However, the Tribunal rejected the adjournment applications and proceeded ex-parte. The Tribunal considered the history of adjournment requests and decided to hear the appeal ex-parte.

Violation of natural justice in passing order:
The appellant raised grounds challenging the order passed by the CIT(A) on the basis of violation of natural justice and incorrect application of law under section 145 of the Income Tax Act. The AO observed discrepancies in labor payments and estimated income at 8% of total receipts. The appellant's explanations were not accepted, leading to the addition of income. The CIT(A) upheld the AO's decision, citing sufficient time given to the appellant for submissions. However, the Tribunal found that the appellant was not given a reasonable opportunity to be heard, which is a fundamental principle of natural justice. The Tribunal emphasized the importance of fair play and the right to be heard before making a decision affecting one's rights. The issue was restored to the file of CIT(A) with directions to decide after giving the appellant a fair opportunity to present their case.

Estimation of income under section 145 of the Income Tax Act:
The AO estimated the appellant's income at 8% of total receipts under section 145 of the Income Tax Act due to discrepancies in labor payments. The appellant's explanations were not considered sufficient, leading to the addition of income and initiation of penalty proceedings. The CIT(A) upheld this decision, but the Tribunal found that the appellant was not given a fair chance to present their case. The Tribunal emphasized the importance of natural justice principles, including the right to be heard. The issue was sent back to the CIT(A) for a fresh decision after providing the appellant with a reasonable opportunity to be heard.

Judgments referred to:
The Tribunal relied on previous judgments in similar cases to support the decision to restore the issue back to the CIT(A) for a fair hearing. The judgments emphasized the importance of natural justice principles and fair play in legal proceedings. The Tribunal highlighted the need for a reasonable opportunity to be heard before making decisions affecting an individual's rights.

This detailed analysis covers the issues of adjournment application rejection, violation of natural justice in passing the order, and estimation of income under section 145 of the Income Tax Act. The Tribunal's decision to restore the issue back to the CIT(A) for a fair hearing emphasizes the fundamental principles of natural justice and the right to be heard in legal proceedings.