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2021 (4) TMI 329 - AT - Income TaxExparte order passed by the ld. CIT(A) - denial of natural justice - non affording sufficient opportunity of being heard and without addressing the grounds of appeal on merits - HELD THAT - On perusal of the appellate order, we find that despite giving various opportunities from 13.11.2018 to 30.01.2019, there was no response from assessee s side and by clubbing the appeals for other assessment years, the ld. CIT(A) dismissed all the appeals after considering the written submissions of the assessee. Since the ld. Counsel for the assessee made a submission that the assessee was not provided sufficient opportunity of being heard and not addressed the grounds of appeal on merits, we remit the matter back to the file of the ld. CIT(A) to adjudicate the issues on merits in accordance with law by affording an opportunity of being heard to the assessee. Appeal filed by the assessee is allowed for statistical purposes.
Issues:
Challenge to ex parte order by CIT(A) without sufficient opportunity of being heard and addressing grounds of appeal on merits. Analysis: The appeal was filed against the order of the Commissioner of Income Tax (Appeals) for the assessment year 2007-08. The assessee challenged the ex parte order passed by the CIT(A) without providing adequate opportunity of being heard and without addressing the grounds of appeal on merits. The assessee filed its return of income admitting total income and claimed deduction under section 80IA of the Income Tax Act. The Assessing Officer noticed that the provision for bad and doubtful debts was not added back to the book profits as required by the amended provisions of section 115JB of the Act. Subsequently, the assessment was reopened, and the total income was assessed under normal provisions and section 115JB of the Act. The assessee appealed the decision, citing a moratorium issued by the Madras High Court on IT proceedings due to Corporate Insolvency Resolution Proceedings. The appeal was dismissed by the CIT(A) due to non-response from the assessee's side. The Tribunal considered the arguments presented by both parties and reviewed the orders of the authorities below. Despite various opportunities provided to the assessee, there was no response, leading to the dismissal of the appeals by the CIT(A). The Tribunal noted the submission that the assessee was not given sufficient opportunity to be heard and the grounds of appeal were not addressed on merits. Consequently, the matter was remitted back to the CIT(A) to adjudicate the issues on merits in accordance with the law by affording an opportunity of being heard to the assessee. The appeal filed by the assessee was allowed for statistical purposes. In conclusion, the Tribunal directed the CIT(A) to re-examine the issues raised by the assessee on merits by providing a fair opportunity of being heard. The decision highlighted the importance of adhering to principles of natural justice and ensuring that parties have adequate chances to present their case before reaching a final judgment.
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