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2022 (7) TMI 213 - AT - Income TaxEx-parte order passed by CIT-A - HELD THAT - Sub Section (6) of Section 250 of I. T. Act mandate the CIT(A) to state the points in dispute and thereafter assign the reasons in support of his conclusion. We are of the view that by dismissing the appeal without considering the issue on merits, CIT(A) has failed to follow the mandate required in Sub Section (6) of Section 250 of the Act. Further it is also a well settled principle of natural justice that sufficient opportunity of hearing should be offered to the parties and no parties should be condemned unheard. We set aside the impugned order of CIT(A) dated 25.06.2019 and restore the issue to the file of AO for re-adjudication of the issues after granting sufficient opportunity of hearing to the assessee. Assessee is also directed to furnish the details called for by the authorities. In view of our decision to restore the issue to AO, we are not adjudicating on merits the grounds raised by the assessee. Thus the ground of assessee is allowed for statistical purposes.
Issues Involved:
Appeal against order of Commissioner of Income Tax (Appeals) confirming disallowance of depreciation on plant and machinery for Assessment Year 2016-17. Detailed Analysis: 1. Disallowance of Depreciation on Plant and Machinery: - The assessee filed a return of income claiming a loss for the year, which was later determined at a lower amount by the Assessing Officer (AO) under section 143(3). - The Commissioner of Income Tax (Appeals) dismissed the appeal of the assessee regarding the disallowance of Rs.19,73,210 on account of depreciation on plant and machinery. - The grounds raised by the assessee challenged the correctness of the disallowance and the violation of principles of natural justice by the authorities. - The assessee contended that the CIT(A) did not consider additional evidence and did not decide the issue on merits, requesting another opportunity to furnish required details. - The Revenue argued that the assessee was non-cooperative during the appellate proceedings and failed to establish the usage of machinery for business purposes. - The ITAT observed that the CIT(A) passed an ex parte order without deciding the issue on merits, contrary to the requirements of Section 250(6) of the Income Tax Act. - Upholding the principles of natural justice, the ITAT set aside the CIT(A)'s order and directed the AO to re-adjudicate the issue after granting the assessee sufficient opportunity of being heard and providing the necessary details. - The ITAT allowed the appeal of the assessee for statistical purposes, without adjudicating on the merits of the grounds raised, as the issue was restored to the AO for re-examination. 2. Violation of Principles of Natural Justice: - The ITAT emphasized the importance of providing parties with a fair hearing and not condemning anyone unheard, highlighting the failure of the CIT(A) to follow the mandate of the law in dismissing the appeal without considering the issue on merits. - By setting aside the CIT(A)'s order and restoring the matter to the AO, the ITAT ensured that the assessee would have the opportunity to present their case and provide necessary details for the re-adjudication of the disallowance of depreciation on plant and machinery. 3. Procedural Compliance and Re-adjudication: - The ITAT's decision to remand the issue to the AO for re-examination underscored the importance of procedural compliance, fair hearings, and adherence to statutory mandates in tax assessments and appeals. - The ITAT's order to restore the matter to the AO for re-adjudication after granting the assessee sufficient opportunity to be heard aimed at ensuring a just and thorough consideration of the disallowance of depreciation on plant and machinery. In conclusion, the ITAT allowed the appeal of the assessee for statistical purposes, emphasizing the need for procedural fairness, adherence to statutory requirements, and the provision of adequate opportunities for parties to present their case in tax assessment matters.
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